Constitution of India, 1950, Article 226, 32, 21, 22, Criminal Procedure Code, 1973, Section 173 -- Entrusting investigation to CBI - Not a case that investigation is not properly done or that police has unnecessarily harassed the petitioner - Rather record of case reveals that it is only after completion of investigation that charge sheet is filed - No allegation of mala..........
Constitution of India, 1950, Article 226 -- Insurance claim - Disputed question of fact - Whether the deceased died on account of drowning or the deceased drowned under the influence of liquor? - Held, this issue never warrants to be decided in exercise of jurisdiction under Art. 226 of the Constitution of India...........
Constitution of India, 1950, Article 226,227 -- Judicial review - Powers of High Court - Exercise of - Held, in cases where by misreading of evidence, grave injustice is likely to be caused to any party, court can exercise powers in appropriate case - Finding of fact cannot be normally interfered and error cannot be corrected in writ jurisdiction - Finding of fact of..........
Constitution of India, 1950, Article 226 -- Mandamus - Examination - Questions out of syllabus - Grace marks - Grant of - Plea that questions were out of syllabus in the examination and either mandamus for holding a separate examination in concerned paper or in the alternative petitioners be awarded 21 marks - Held that it would not be within the domain of the High Court..........
Constitution of India, 1950, Article 14, 226 -- Statutory contract - Cancellation for breach of statutory provision - Considerations...........
Constitution of India, 1950, Article 162, 226 -- Policy - Framing of - Power of Govt. - Held, State Govt. must have liberty and freedom in framing policy - Courts are ill-equipped to deal with competing claims and conflicting interests - Often, Courts do not have satisfactory and effective means to decide which alternative, out of many competing ones, is the best in..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Issuance of - Held, a mandamus can be issued where Govt. or a public authority has failed to exercise or wrongly exercised discretion conferred upon it by a statute or a rule or a policy decision - In order to compel performance of a public duty court may itself pass an order/direction...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31(i), Constitution of India, 1950, Article 226 -- Applicability of Act - Writ petition - Maintainability - Plea that Act is not applicable and recovery could not be made from the agricultural land of the petitioner - If the Act is not applicable, the notices..........
Constitution of India, 1950, Article 226, 227 -- Negotiable Instruments Act, 1881, S.138 & 141 - Dishonour of cheque - Offence by company - Complaint - Prosecution of directors - Quashing of proceedings - Complainant has made specific and clear averments that cheque in question came to be issued by accused when present petitioners were in-charge and responsible for..........
Constitution of India, 1950, Article 226, 14 -..........
