Dr. Jaishri Laxmanrao Patil vs The State of Maharashtra & Ors-05/04/2021

Sachin Vaze case-A writ petition would be the appropriate remedy, should the police fail or omit to register an FIR despite receiving a complaint disclosing commission of cognizable offence.-Thus, there cannot be any two opinions that the police by not registering an FIR on receipt of Dr. Patil’s complaint, and then again by not notifying her that the complaint would not be investigated, have not acted in accordance with law.

The remedy under Article 226 is extraordinary and is of Anglo-Saxon vintage but it is not a carbon copy of English processes.

To appreciate the legal position we only wish to refer to two of the decisions of this Court reported in Dwarakanath v. Income Tax Officer 1965 (2) SCJ 296 and Gujarat Steel Tubes Ltd. and Others Vs. Gujarat Steel Tubes…

Alternative remedy shall not bar application u/a 226 of Constitution on grounds of fundamental rights, natural justice and challenging Vires

(2011) 2 CalHCN 28 : (2011) 129 FLR 322 : (2011) LabLR 597 : (2011) 4 LLJ 121 CALCUTTA HIGH COURT DIVISION BENCH ( Before : Sambuddha Chakrabarti, J; Baskar Bhattacharya, J ) PARAMOUNT LEATHERS — Appellant Vs. REGIONAL PROVIDENT…

Grounds for entertaining Public Interest Litigation

the High Court of Madhya Pradesh committed serious error of law by invoking its discretionary jurisdiction under Article 226 of the Constitution of India at the behest of a person who has no interest in the litigation in question

Limitations in exercising the powers under Article 226 of the Constitution or under Section 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R.

In State of Haryana v. Ch.Bhajan Lal, (1992) 1 Suppl. SCC 335, this Court has exhaustively considered after having referred to a number of decisions, the limitations in exercising the powers under Article 226 of the Constitution or under Section…

State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY]

KEYWORDS:- CBI INVESTIGATION-WRIT POWER- Despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these Constitutional powers This extra-ordinary power must…

Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India

Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India The following Rules framed by the High Court at Calcutta will come into force with effect from the 23rd day of May, 1986.…