Petition REJECTED under Article 32 of the Constitution and since a remedy under Article 226 of the Constitution was available to him for getting remedy
ARTICLE 226 & 32
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.
As observed in Calcutta Gas Co. (Proprietary) Ltd. v. State of West Bengal, Article 226 of the Constitution confers a very wide power on the High Courts to issue directions and writs of the nature mentioned therein for the enforcement of any of the rights conferred by Part III, that is to say, the fundamental rights or for any other […]
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 Mazdoor Sabha and Others, In Dwarakanath case the Supreme Court stated as under: This article is couched incomprehensive phraseology and […]
(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 FUND COMMISSIONER AND ANOTHER — Respondent F.M.A. No’s. 65 and 66 of 2010 Decided on : 22-11-2010 Constitution of India, […]
The High Court can always issue appropriate direction in exercise of its power under Article 226 of the Constitution at the behest of an aggrieved person, if the court is convinced that the power of investigation has been exercised by an Investigating Officer malafide or the matter is not investigated at all. Even in such a case, the High Court […]
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
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 482, Cr. P.C. to quash the criminal proceedings at the stage of F. I. R. with a view to prevent […]
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 be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations […]
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. CHAPTER 1 1. – Except as otherwise provided, all applications made under Article 226 of the Constitution shall be governed […]
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