Constitution of India, 1950, Article 227 -- Writ jurisdiction - Power u/art 227 of Constitution is intended to be used sparingly and only in appropriate cases for the purpose of keeping subordinate Courts and tribunals within the bounds of their authority and not for correcting mere errors...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Period of limitation in usufructuary mortgage does not run from the date of creation of mortgage but from the date of payment of mortgage either out of usufructuary or partly out of usufructuary or partly on payment of deposit by mortgager -..........
Constitution of India, 1950, Article 226 -- Writ petition - While deciding whether to entertain a petition u/art 226 of Constitution bearing in mind precedents in the field, a writ Court ought to additionally notice the forum designated by statute for litigant to approach...........
Constitution of India, 1950, Article 226 -- Writ petition - If statutorily designated alternative forum happens to be High Court itself whose jurisdiction u/art 226 is invoked and not any ordinary statutory functionary/tribunal, refusal to entertain petition should be the rule and entertaining it an exception...........
Constitution of India, 1950, Article 226 -- Writ petition - If an alternative remedy is available to a party before High Court in another jurisdiction, writ jurisdiction should not normally be exercised on a petition u/art 226 of Constitution for that would allow machinery set up by concerned statute to be bye-passed...........
Constitution of India, 1950, Article 226 -- Writ petition - Where an efficacious alternate remedy is available, High Court should not entertain a writ petition u/art 226 of Constitution in matters falling squarely within the domain of Tribunals - However, a writ petition u/art 226 may still be maintainable notwithstanding existence of such an alternative remedy in..........
Limitation Act, 1963, Section 14 -- Exclusion of period of pendency of first execution petition - Both the execution petitions were filed in very same Court - DH concedes that Court in which execution petitions were filed had jurisdiction to entertain petition, but that under an erroneous order it returned earlier one - Therefore, one of essential requirements of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be raised in any Court at any stage and even after final disposal of a special leave petition u/art 136 of Constitution...........
Stamp Act, 1899, Article 40, 57 -- Stamp duty - Mortgage deed - Deed was not executed by a surety but by principal debtor/appellant/company through its director - Company itself mortgaged properties and not the director in his individual capacity - In absence of any surety to attract Art.57 of the Act, deed executed by appellant cannot be termed as a security bond - It..........
Tender -- Supply of sports kits to Government Schools - Tender condition has the effect of excluding bidders who though otherwise financially sound and technically competent, have no experience of supply of sports goods to State Government agencies in past three years - State by linking eligibility criteria with past local supplies has created an artificial barrier..........
