Constitution of India, 1950, Article 226 -- Writ petition - When a party is relegated to High Court to pursue its remedies, it would not be proper in the normal course to bind High Court with directions in relation to proceedings to be impugned before Court - Ordinarily, Supreme Court would leave all issues open for the party so relegated to raise and pursue before High..........
Constitution of India, 1950, Article 226 -- Quashing of complaint - Complainant had given up his rights under agreements to sell on the basis of which complaint was filed - Continuation of complaint would be nothing but an abuse of process of law - Complaint quashed...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Disputes arising out of purely contractual obligations cannot be entertained by High Court in exercise of extra ordinary writ jurisdiction...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Work contract - Quantification of damages would require entering into disputed questions of facts and hence, High Court ought to have relegated petitioner to competent Court for claiming damages, if so advised...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Defective investigation - If at any time, defective investigation comes to light during the course of any trial or inquiry, then same may be cured by directing further investigation and for this purpose, any appropriate writ direction or direction u/art 226 of Constitution or under..........
Constitution of India, 1950, Article 226 -- Writ petition - Delay or latches is one of factors which should be born in mind by High Court while exercising discretionary powers u/art 226 of Constitution...........
Constitution of India, 1950, Article 226 -- Writ petition - For filing of a writ petition, there is no fixed period of limitation prescribed - However, when extraordinary jurisdiction of writ Court is invoked, it has to be seen as to whether it is invoked within reasonable time...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court will not entertain a petition u/art 226 of Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Exceptions when a petition u/art 226 of Constitution could be entertained in spite of availability of an alternative remedy: (i) where the statutory authority has not acted in accordance with the provisions of enactment in question; (ii) it has acted in defiance of the fundamental principles of judicial..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Award of Tribunal - High Court in appropriate cases can go into facts while examining an award of a Tribunal...........
