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..........
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..........
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...........
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...........
Criminal Procedure Code, 1973, Section 105, 397 -- Service of summons - Sending notice to opposite party/de-facto complainant u/s 105 Cr.P.C., residing outside the territory of India in each and every revision application, not mandated...........
Constitution of India, 1950, Article 226 -- Writ petition against dead person - Provisions of O.22 CPC do not apply to writ proceedings, consequences of it would be that there would be no automatic abatement of a writ proceedings - But writ proceedings cannot continue against a dead person...........
Constitution of India, 1950, Article 226 -- Writ petition against dead person - Non-substitution of LRs - Information about death of opposite party No.1 was given way back in 2021 but till date no application for substitution has been filed by petitioners/State - Considering the lapse of more than 4-1/2 years from date of information and also considering the fact that even..........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance of offence - Summoning of person as offender - Unless the court has taken cognizance of offence, a person merely alleged or suspected to be involved in the commission of such offence, cannot be called upon or compelled to partake in criminal proceedings as it violates the person`s right to dignity and the right..........
Advocates Act, 1961, Section 24(1)(f) -- Advocate - Enrollment fee - State Bar Council or Bar Council of India shall not collect any fees of any amount as optional...........
Agreement of surrogacy -- Agreement is against public policy - Agreement of surrogacy is not legalized in India...........
