Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Writ jurisdiction - High Court cannot invoke its supervisory jurisdiction u/art 227 of Constitution to entertain a prayer for rejection of plaint...........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of detenu ordinarily resides in Australia - Detenu was left with the house help by his father, while he was on a business trip to Belgium - Perturbed by same, detenu called his mother in distress and she flew all the way from Australia to be with him - It would also be rather unfair to expect her to..........
Custody of child -- Writ of habeas corpus - Wherever it is a disputed question of fact which needs elaborate leading and consideration of evidence and other provisions, it would be a proper course for a parent to exercise his right by approaching appropriate Court under Guardians and Wards Act, rather than pursuing the remedy under habeas corpus petition - Writ petition..........
Custody of child -- Writ of habeas corpus - Maintainability - Habeas corpus petition would be maintainable in child custody matter, but the relief can be granted when facts are very clear and consideration of welfare of child demands interference by Court u/art 226 of Constitution...........
Registration Act, 1908, Section 11 -- Conveyance of title - Validity of - The MOFA is a beneficial legislation enacted to protect home buyers, considering the ever-increasing housing shortage in urban areas - The Legislature has noted the increasing malpractices by the developers - The provisions of Section 11 are for the benefit of the flat purchasers - In writ..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Decision rendered by Supreme Court, be it at the stage of special leave petition or post grant of leave while exercising jurisdiction u/art 136 of Constitution, cannot be assailed directly or collaterally u/art 32 of Constitution - Remedy of an aggrieved litigant is to file review - If grievance persists even..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Courts refrain from intervening in matters of legislative policy or mandate unless provision in question is: (i) devoid of reasonable justification or basis; (ii) actuated by mala fides or an ulterior motive; (iii) lacking a rational nexus with the object sought to be achieved; or (iv) in violation of..........
Constitution of India, 1950, Article 32 -- Writ jurisdiction - Mere possibility or occasional misuse of a legal provision does not render it constitutionally infirm, either procedurally or substantively...........
Constitution of India, 1950, Article 32, 226 -- Writ petition - Applicability of Evidence Act - Evidence Act does not strictly apply to the proceedings in a writ court, and the decision is rendered based on evidence and material on record...........
Judicial or quasi judicial tribunal -- Finding given on law or fact - Its findings cannot be impeached collaterally or in a second round and are binding until reversed in appeal or revision or by way of writ proceedings...........
