Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - When an interim injunction is violated, proper and effective remedy is to move civil Court U.O.39.R.2-A CPC - Resorting to a writ petition u/art 226 of Constitution without exhausting the remedy before executing Court is impermissible, absent exceptional or extraordinary circumstance...........
Protection of Children from Sexual Offences Act, 2012, Section 6, 33(5) -- Aggravated penetrative sexual assault - Request to recall child victim after conclusion of trial and concurrent findings of guilt, raises serious concern - In the absence of any manifest illegality or perversity in appreciation of evidence, no case for interference under Article 136 of Constitution..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - Litigant who files a petition before executing Court and upon being returned with observations regarding its maintainability, cannot directly invoke jurisdiction of Court u/art 227 of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Arms Act, 1959, Section 25(1B)(a), 29(b) -- Bail - Offence u/ss 25(1-B)(a), 29(b) of Arms Act - Petitioner is in custody for the last more than 3-1/2 months - Investigation is complete and challan stands presented - Recovery of alleged weapon has already been effected and fact that trial may take a long time to..........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of proceedings - So long cognizance of offence is not taken, a writ or order to quash FIR/charge sheet could be issued u/art 226 of Constitution - However, once a judicial order of taking cognizance intervenes, power u/art 226 of Constitution though not available to..........
Indian Penal Code, 1860, Section 376DA, 376DB -- Rape - Sentence - Right to seek remission is not only a constitutional right but also a statutory right - Even in a case where punishment is awarded u/s 376-DA or S.376-DB IPC to the effect that accused shall be punished with imprisonment for life, which shall mean imprisonment for remainder of that person's natural life..........
Constitution of India, 1950, Article 136 -- Special leave petition - Exercise of jurisdiction u/art 136 of Constitution being discretionary in nature, any suppression by a party approaching Court for seeking relief u/art 136 of Constitution is a grave and serious reason for declining to exercise jurisdiction in the matter - Special leave petition dismissed...........
Mutation -- Order passed in mutation proceedings - Not amenable to writ jurisdiction - Mutation proceedings being of a summary nature drawn on basis of possession do not decide any question of title and orders passed in such proceedings do not come in the way of a person in getting his rights adjudicated in a regular suit - Such petitions are not to be entertained in..........
Constitution of India, 1950, Article 226, 227, 228 -- Writ petition - Locus standi - There is no provision under Rules of High Court of Kerala enabling a non-party spouse to file a writ petition on behalf of a party spouse, without a duly executed power of attorney, in the status of an agent...........
