Constitution of India, 1950, Article 226 -- Writ jurisdiction - Though High Court ought not to re-appreciate evidence and substitute its own finding for that of Tribunal, it would not be beyond the jurisdiction of High Court in its power of judicial review to altogether eschew such a process...........
Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Constitution of India, 1950, Article 226, 32 -- Time bound disposal of cases - Constitutional Courts, in the ordinary course, should refrain from fixing a time bound schedule for the disposal of cases pending before any other Courts - Constitutional Courts may issue directions for the time bound disposal of cases only in exceptional circumstances...........
Constitution of India, 1950, Article 226(3) -- Stay of proceedings - Automatic vacation of stay - Civil & Criminal Cases - Filing of an application for vacating the stay order is a sine qua non for triggering the automatic vacation of stay order u/art 226(3) of Constitution if such an application is not decided within the time prescribed of two weeks...........
Constitution of India, 1950, Article 226(3) -- Writ petition - Interim order - Art.226(3) of Constitution will not apply when an interim order in a writ petition is passed after the service of a copy of the writ petition on all concerned parties and after giving them an opportunity of being heard - It applies only to ex-parte ad interim orders...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section 115, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Rejection of plaint - If favourable order is passed U.O.7.R.11 CPC r/w O.2.R.2 CPC then entire suit itself will conclude - Writ petition filed thereagainst is not maintainable in view of equally alternative statutory remedy u/s..........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Order of judicial Court could be challenged u/art 227 of Constitution and not under original writ jurisdiction u/art 226 of Constitution - There is thus, no legal hindrance in converting petition u/art 226 to one u/art 227 of Constitution...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Cannot be issued directing respondent to register gift deed when order of attachment issued by a competent civil Court is in force - However, if petitioner wants to transfer property pending the suit, same can only be on the strength of an order passed by competent civil Court where said suit is pending..........
Constitution of India, 1950, Article 226 -- Quashing of FIR - Charge sheet filed subsequent to filing of quashing petition - Even if charge sheet is filed, Court can still examine if offences alleged to have been committed were prima facie made out or not on the basis of FIR, chargesheet and other documents...........
Constitution of India, 1950, Article 226 -- Writ petition - Delay and latches - Litigant who is not diligent cannot invoke the extraordinary jurisdiction of High Court u/art 226 of Constitution. (Para 18.1) Constitution of India, 1950, Art.226 - Writ petition - Delay and latches - Allotment of land - In-principle approval was granted on 24.3.2003 - Society waited for 11..........
