web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Article 226 – Power of High Courts to issue certain writs

Life Cycle stages of a Public Interest Litigation (WP-PIL) in a High Court

Posted on December 15, 2022 by ShadesOfKnife

Let’s look at the high level stages in filing a WP-PIL into AP High Court until its’ disposal. Take a look at my file disposed PIL here, for reference and original case documents.

Journey of Idea to Petition

This is a interesting journey from the birth of an idea to eradicate a social evil to turning this idea into a Court-Acceptable Petition. Of Course, one can write a letter and email/post to the Contact address of a High Court (Info here) or Supreme Court (Info here).


Ideation

Look around you. Tell me in which aspect of life, there is no problem. So once you find a problem, you need to know where is the ideal solution lie. Meaning, which part of the Government has the responsibility to fix the problem. This will give answers to what exactly goes into your Prayers and Respondents sections of the WP-PIL.


Who can be a Petitioner in a WP-PIL?

Any public spirited person can espouse any cause impacting any sphere of the life of general public. But the Constitutional Courts (Supreme Court and High Courts) expect the petitioner capable enough to do details research, within his capacity, on the issue being raised and propose one (or more) solutions which would address the issue raised. Since a PIL ‘is NOT a adversary litigation but it is a challenge and an opportunity to the government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and economic justice which is the signature tune of our Constitution.‘

As with anything open to public, even PIL are misused and often criticized by Judiciary as Publicity Interest Litigation. Thereafter, Supreme Court [in State Of Uttaranchal vs Balwant Singh Chaufal Ors on 18 January, 2010] directed High Courts to frame rules to be followed by those coming forward to file PILs, to make them responsible for adverse consequences in case their PILs are held to be frivolous or motivated.


Format of a WP-PIL

Each High Court prescribes certain guidelines and a format to be followed while drafting the WP Petition and Affidavit. Additionally, it may require the petitioner to file along, more affidavits declaring various aspects corresponding to various rules. Here is the AP/TS PIL Rules 2015

2015-09-02 High Court of AP, Public Interest Litigation Rules, 2015

Drafting of a WP-PIL

There is no hard and fast rule for drafting. Emphasis must be on explaining the issue briefly under various heads of the PIL format and support the issue with as much evidence as possible from our research. Propose how your solutions are supported under various provisions of laws and principles of natural justice. Objective is to make it lucid enough for the Court (most probably Court-1/Chief Justice Court) to grasp the crux of the issue in one hearing itself.


Filing of a WP-PIL

Once the WP-PIL is drafted, reviewed (as many times as necessary), have it printed and filed into the Court. In most High Courts, the PILs are handled by the Division Bench headed by the Chief Justice of that High Court. Many two copies for the Bench. Make as many extra copies as there are Respondents, except where if same government advocate is going to represent more than one respondent. Make copies of ALL the material papers (technical word for bundle of Annexures) to go with above copies of petitions. You can make good use of the filing clerks in/around the High Court premises. This may become redundant, once paperless Courts become a reality!

There will be a section/wing within Filing Section of the High Court, which accepts and scrutinizes the draft. The section staff will assign a SR number to the bundle as a temporary identifier. If there are any objections/questions from the Scrutiny officer, the bundle will be returned to you (via Returns Section) for you to rectify and re-file the bundle. Once this exercise completes, your PIL will get a final case number.

The Scrutiny officer may want some approval from the Registrar (Judicial) to allow you to appear and argue your own PIL, as petitioner. It may be not required, if you are an advocate. The point here is the person arguing the matter/case, must be competent to assist the Court.


Listing of a WP-PIL

Most probably, the PIL will be listed before the Court-1 (or whichever Court looks into PILs in that High Court) and the business of the day will be to hear the petitioner and make an assessment if notices need to be issued to the respondents or can the PIL be disposed off at this admission stage itself. If the notices are not issued, it is most certain that the PIL was dismissed, for reasons best known to the bench and mentioned in the dismissal order. Like I came to know in above mentioned WP-PIL.

Otherwise, the respondents will have a total of 120 days to respond to the PIL, by filing their Counters. This is as per the AP High Court WP Proceedings 1977 available here. Other High Court have different Rules. Check that High Court’s website or the Filing Section in person. It is another matter that in AP High Court, Court-1 does not see any urgency, when advocates bring to the notice of the Court that the respondents already are in violation of this Rule 12. The Chief Justice himself commented to me in open Court, that there are cases pending even before my case. I am not sure, if this is a matter of pride or shame! I can not stand the lack of empathy towards the WPs filed as PILs here.


Disposal of a WP-PIL

Depending on the issue raised in the PIL petition, the case moves to the next stages involving weighing the contents and objections of the Counters filed by the respondents and the Bench may pass intermittent Orders to unearth the real issues and ways to effectively eradicate them.


Index of various other Life Cycles here.

Posted in Legal Procedure | Tagged Article 226 - Power of High Courts to issue certain writs Life Cycle stages of a Public Interest Litigation (WP-PIL) in a High Court Work-In-Progress Article | Leave a comment

Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal on 8 Aug 2013

Posted on July 24, 2022 by ShadesOfKnife

A division bench of Supreme Court held as follows,

From Para 15,

15. Before discussing the fact proposition, we would notice the principle of law as laid down by this Court. It is settled law that non-entertainment of petitions under writ jurisdiction by the High Court when an efficacious alternative remedy is available is a rule of self-imposed limitation. It is essentially a rule of policy, convenience and discretion rather than a rule of law. Undoubtedly, it is within the discretion of the High Court to grant relief under Article 226 despite the existence of an alternative remedy. However, the High Court must not interfere if there is an adequate efficacious alternative remedy available to the petitioner and he has approached the High Court without availing the same unless he has made out an exceptional case warranting such interference or there exist sufficient grounds to invoke the extraordinary jurisdiction under Article 226. (See: State of U.P. vs. Mohammad Nooh, AIR 1958 SC 86; Titaghur Paper Mills Co. Ltd. vs. State of Orissa, (1983) 2 SCC 433; Harbanslal Sahnia vs. Indian Oil Corpn.
Ltd., (2003) 2 SCC 107; State of H.P. vs. Gujarat Ambuja Cement Ltd., (2005) 6 SCC 499).
16. The Constitution Benches of this Court in K.S. Rashid and Sons vs. Income Tax Investigation Commission, AIR 1954 SC 207; Sangram Singh vs. Election Tribunal, Kotah, AIR 1955 SC 425; Union of India vs. T.R. Varma, AIR 1957 SC 882; State of U.P. vs. Mohd. Nooh, AIR 1958 SC 86 and K.S. Venkataraman and Co. (P) Ltd. vs. State of Madras, AIR 1966 SC 1089 have held that though Article 226 confers a very wide powers in the matter of issuing writs on the High Court, the remedy of writ absolutely discretionary in character. If the High Court is satisfied that the aggrieved party can have an adequate or suitable relief elsewhere, it can refuse to exercise its jurisdiction. The Court, in extraordinary circumstances, may exercise the power if it comes to the conclusion that there has been a breach of principles of natural justice or procedure required for decision has not been adopted.
(See: N.T. Veluswami Thevar vs. G. Raja Nainar, AIR 1959 SC 422; Municipal Council, Khurai vs. Kamal Kumar, (1965) 2 SCR 653; Siliguri Municipality vs. Amalendu Das, (1984) 2 SCC 436; S.T. Muthusami vs. K. Natarajan, (1988) 1 SCC 572; Rajasthan SRTC vs. Krishna Kant, (1995) 5 SCC 75; Kerala SEB vs. Kurien E. Kalathil, (2000) 6 SCC 293; A. Venkatasubbiah Naidu vs. S. Chellappan, (2000) 7 SCC 695; L.L. Sudhakar Reddy vs. State of A.P., (2001) 6 SCC 634; Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha vs. State of Maharashtra, (2001) 8 SCC 509; Pratap Singh vs. State of Haryana, (2002) 7 SCC 484 and GKN Driveshafts (India) Ltd. vs. ITO, (2003) 1 SCC 72).

From Para 19,

19. Thus, while it can be said that this Court has recognized some exceptions to the rule of alternative remedy, i.e., where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justice, the proposition laid down in Thansingh Nathmal case, Titagarh Paper Mills case and other similar judgments that the High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance still holds the field. Therefore, when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation.

Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal on 8 Aug 2013

Citations : [2013 AD SC 8 620], [2013 CTR SC 261 113], [2013 ITR SC 357], [2013 JLJR 4 35], [2013 JT SC 11 387], [2013 PLJR 4 179], [2013 SCALE 10 326], [2014 SCC 1 603], [2013 TAXMAN SC 217 143], [2013 SCC ONLINE SC 717], [2013 TAXMANNCOM SC 36]

Other Sources :

https://indiankanoon.org/doc/51987756/

https://www.casemine.com/judgement/in/5609af2ce4b0149711415ba2

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors on 26 Oct 1998

Posted on July 23, 2022 by ShadesOfKnife

Landmark judgment from a division bench of the Apex Court.

From Paras 14 and 15,

14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution. This power can be exercised by the High Court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also for “any other purpose”.
15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself certain restrictions one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this Court not to operate as a bar in at least three contingencies, namely, where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged. There is a plethora of case- law on this point but to cut down this circle of forensic whirlpool, we would rely on some old decisions of the evolutionary era of the constitutional law as they still hold the field.

Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors on 26 Oct 1998 (CM Ver)

Citations : [1998 SCC 8 1], [1999 AIR SC 22], [1998 AIR SC 3345], [1999 BOMCR SC 2 70], [1998 JT 7 243], [1998 SCALE 5 655], [1998 SUPREME 8 176], [1998 AIR SCW 3345]

Other Sources :

https://www.casemine.com/judgement/in/575fd361607dba63d7e6e044

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced Reportable Judgement or Order Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors | Leave a comment

UOI and Ors Vs Tantia Construction Pvt Ltd on 18 Apr 2011

Posted on July 23, 2022 by ShadesOfKnife

A division bench held that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable.

From Paras 27 and 28,

27. Apart from the above, even on the question of maintainability of the writ petition on account of the Arbitration Clause included in the agreement between the parties, it is now well-established that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable. The various decisions cited by Mr. Chakraborty would clearly indicate that the constitutional powers vested in the High Court or the Supreme Court cannot be fettered by any alternative remedy available to the authorities. Injustice, whenever and wherever it takes place, has to be struck down as an anathema to the rule of law and the provisions of the Constitution. We endorse the view of the High Court that notwithstanding the provisions relating to the Arbitration Clause contained in the agreement, the High Court was fully within its competence to entertain and dispose of the Writ Petition filed on behalf of the Respondent Company.
28. We, therefore, see no reason to interfere with the views expressed by the High Court on the maintainability of the Writ Petition and also on its merits. The Special Leave Petition is, accordingly, dismissed, but without any order as to costs.

UOI and Ors Vs Tantia Construction Pvt Ltd on 18 Apr 2011

Citations : [2011 SCC 5 697], [2011 AIOL 293], [2011 SUPREME 3 294], [2011 SCALE 4 745], [2011 RCR CIVIL SC 3 821], [2011 SCC CIV 3 117], [2011 LW 3 691], [2011 ARBLR SC 2 115], [2012 PLJR 1 455], [2011 JCR SC 3 8], [2011 UJ 4 2210], [2011 KLJ 2 15], [2011 AWC SC 5 4568], [2011 SCR 5 397], [2011 JT SC 5 59]

Other Sources :

https://indiankanoon.org/doc/609434/

https://www.casemine.com/judgement/in/5609aeffe4b01497114154a4

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Reportable Judgement or Order UOI and Ors Vs Tantia Construction Pvt Ltd | Leave a comment

MS Radha Krishan Industries Vs State of Himachal Pradesh on 20 Apr 2021

Posted on July 22, 2022 by ShadesOfKnife

A division bench of Apex Court held the following principles in regards to approaching a High Court under Article 226 of the Constitution.

From Para 27,

27 The principles of law which emerge are that :
(i) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of fundamental rights, but for any other purpose as well;
(ii) The High Court has the discretion not to entertain a writ petition. One of the restrictions placed on the power of the High Court is where an effective alternate remedy is available to the aggrieved person;
(iii) Exceptions to the rule of alternate remedy arise where (a) the writ petition has been filed for the enforcement of a fundamental right protected by Part III of the Constitution; (b) there has been a violation of the principles of natural justice; (c) the order or proceedings are wholly without jurisdiction; or (d) the vires of a legislation is challenged;
(iv) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law;
(v) When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution. This rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion; and
(vi) In cases where there are disputed questions of fact, the High Court may decide to decline jurisdiction in a writ petition. However, if the High Court is objectively of the view that the nature of the controversy requires the exercise of its writ jurisdiction, such a view would not readily be interfered with.

MS Radha Krishan Industries Vs State of Himachal Pradesh on 20 Apr 2021

Citations : [2021 SCC ONLINE SC 334]

Other Sources :

https://indiankanoon.org/doc/62362537/

https://www.casemine.com/judgement/in/60806fd6125abdf1726ab6fb

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Legal Procedure Explained - Interpretation of Statutes MS Radha Krishan Industries Vs State of Himachal Pradesh PIL - Dowry Givers should be Prosecuted Reportable Judgement or Order | Leave a comment

Vijaya Mahantesh Mulemane Vs State of Karnataka and Ors on 03 Mar 2022

Posted on March 10, 2022 by ShadesOfKnife

This is such an atrocious case whereby the so-called mother flouts the orders passed by Canadian Courts regd Custody of a minor child and reaches India only to file a 498A IPC case. Crooks!

Vijaya Mahantesh Mulemane Vs State of Karnataka and Ors on 03 Mar 2022

The Earlier decision from Karnataka High Court’s Division Bench, where a parenting plan was devised by the judges.

Vijaya Mahantesh Mulemane Vs State of Karnataka and Ors on 22 Nov 2020
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court Child Custody Given to Father Guardians and Wards Act Sec 25 - Title of guardian to custody of ward Legal Terrorism Misuse of Women-Centric Laws Vijaya Mahantesh Mulemane Vs State of Karnataka and Ors | Leave a comment

Smitha Vs State of Kerala and Ors on 27 Jan 2022

Posted on February 21, 2022 by ShadesOfKnife

Law point held by Kerala High Court is: The principle of locus standi is alien to criminal jurisprudence

From Para 2,

2. Petitioner is the wife of the injured in a road traffic accident. It is alleged that on 16.10.2021, petitioner’s husband Thankachan, a carpenter by avocation, sustained injuries while proceeding to the place of work travelling on the pillion seat of the motor cycle bearing Registration No.KL-32/Q-0114 ridden by the accused, through Elamakkara-Puthukkalavattom Road; in front of Skyline Apartments, due to the rash and negligent riding as to endanger human life, since he had abruptly twisted, the vehicle capsized and her husband fell down and sustained grievous injuries. He was immediately rushed to the MAJ Hospital, Edappally. Ext.P1 indicates that Thankachan was taken there at 9.20 am on 16.10.2021 with the alleged history of road traffic accident. Ext.P2 discharge summary indicates that on the same day, he was taken to the Department of Orthopaedics and Rehabilitation, Lisie hospital where he was admitted with the history of pain and swelling on left ankle following alleged history of road traffic accident. Diagnosis was fracture trimalleolar left ankle for which he underwent surgery on 19.10.2021 and was discharged on 21.10.2021. The grievance of the petitioner is that despite Ext.P1 intimation given by the CMO, MAJ Hospital to the Sub Inspector, Elamakkara Police Station, crime was not registered. It is alleged that on 11.11.2021, petitioner lodged a complaint before the City Police Commissioner, Ernakulam which also was not acted upon and thus, on 19.1.2022, she approached the Judicial First Class Magistrate-II, Aluva. It is specifically averred that after sustaining grievous injuries, her husband is in immobile stage and is under complete rest and thus, she approached the court alleging offences under Sections 279, 337
and 338 IPC. But astonishingly enough, the complaint was returned stating that ‘the petition was filed by the wife of the complainant’. The most disturbing aspect is that a note seen put on the last page of the complaint, as follows:-

“19/01/22
Verified within the jurisdiction. Receipt of complaint at Commissioner Office is not seen produced. Hence for orders.
Id/-
Petition filed by wife of the complainant. Hence may be returned, for orders.
Id/-
Returned
sd/-”
It is clear that the signed order was passed by the Magistrate. It is pointed out that the Magistrate has returned the complaint on the premise that it was filed by the wife of the complainant which is illegal.

From Para 4,

4. I have no doubt that the order passed by the Magistrate is illegal and unsustainable. It is the settled proposition of law that criminal law can be set in motion by any person. Here, on the ground that after sustaining grievous hurt, her husband is unable to move out and hence, she has taken initiative to prefer the complaint. The principle of locus standi is alien to criminal jurisprudence.

From Para 5,

5. More disturbing is the Court acting upon office notes put up by the ministerial staff. This Court takes strong exception to such a conduct. In judicial matters, the staff members cannot make any note or suggestion. The learned Magistrate has not applied his mind before returning the complaint. The reason stated is illegal. The order is quashed and the Magistrate is directed to entertain the complaint and pass orders, in accordance with law, within a period of seven days from today.

Smitha Vs State of Kerala and Ors on 27 Jan 2022
Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abdul Rehman Antulay and Ors Vs R.S. Nayak and Anr Article 226 - Power of High Courts to issue certain writs CrPC 154 - Information in Cognizable Cases CrPC 190 - Cognizance of Offences by Magistrates CrPC 200 - Examination Of Complainant Legal Procedure Explained - Interpretation of Statutes Locus Standi is alien to Criminal Jurisprudence Smitha Vs State of Kerala and Ors | Leave a comment

Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors on 13 Apr 2021

Posted on November 10, 2021 by ShadesOfKnife

This is a landmark judgment from the 3-judge full-bench of Supreme Court of India.

From Para 23,

23. In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or “no coercive steps to be adopted”, during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article 226 of the Constitution of India and in what circumstances and whether the High Court would be justified in passing the order of not to arrest the accused or “no coercive steps to be adopted” during the investigation or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of/not entertaining/not quashing the criminal proceedings/complaint/FIR in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India, our final conclusions are as under:

i) Police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the Code to investigate into a cognizable offence;
ii) Courts would not thwart any investigation into the cognizable offences;
iii) It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information report that the Court will not permit an investigation to go on;
iv) The power of quashing should be exercised sparingly with circumspection, as it has been observed, in the ‘rarest of rare cases (not to be confused with the formation in the context of death penalty).
v) While examining an FIR/complaint, quashing of which is sought, the court cannot embark upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint;
vi) Criminal proceedings ought not to be scuttled at the initial stage;
vii) Quashing of a complaint/FIR should be an exception rather than an ordinary rule;
viii) Ordinarily, the courts are barred from usurping the jurisdiction of the police, since the two organs of the State operate in two specific spheres of activities and one ought not to tread over the other sphere;
ix) The functions of the judiciary and the police are complementary, not overlapping;
x) Save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not interfere at the stage of investigation of offences;
xi) Extraordinary and inherent powers of the Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice;
xii) The first information report is not an encyclopaedia which must disclose all facts and details relating to the offence reported. Therefore, when the investigation by the police is in progress, the court should not go into the merits of the allegations in the FIR. Police must be permitted to complete the investigation. It would be premature to pronounce the conclusion based on hazy facts that the complaint/FIR does not deserve to be investigated or that it amounts to abuse of process of law. After investigation, if the investigating officer finds that there is no substance in the application made by the complainant, the investigating officer may file an appropriate report/summary before the learned Magistrate which may be considered by the learned Magistrate in accordance with the known procedure;
xiii) The power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the court;
xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the self-restraint imposed by law, more particularly the parameters laid down by this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra), has the jurisdiction to quash the FIR/complaint;
xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offence and the court has to permit the investigating agency/police to investigate the allegations in the FIR;
xvi) The aforesaid parameters would be applicable and/or the aforesaid aspects are required to be considered by the High Court while passing an interim order in a quashing petition in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India. However, an interim order of stay of investigation during the pendency of the quashing petition can be passed with circumspection. Such an interim order should not require to be passed routinely, casually and/or mechanically. Normally, when the investigation is in progress and the facts are hazy and the entire evidence/material is not before the High Court, the High Court should restrain itself from passing the interim order of not to arrest or “no coercive steps to be adopted” and the accused should be relegated to apply for anticipatory bail under Section 438 Cr.P.C. before the competent court. The High Court shall not and as such is not justified in passing the order of not to arrest and/or “no coercive steps” either during the investigation or
till the investigation is completed and/or till the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of the quashing petition under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India.
xvii) Even in a case where the High Court is prima facie of the opinion that an exceptional case is made out for grant of interim stay of further investigation, after considering the broad parameters while exercising the powers under Section 482 Cr.P.C. and/or under Article 226 of the Constitution of India referred to hereinabove, the High Court has to give brief reasons why such an interim order is warranted and/or is required to be passed so that it can demonstrate the application of mind by the Court and the higher forum can consider what was weighed with the High Court
while passing such an interim order.
xviii) Whenever an interim order is passed by the High Court of “no coercive steps to be adopted” within the aforesaid parameters, the High Court must clarify what does it mean by “no coercive steps to be adopted” as the term “no coercive steps to be adopted” can be said to be too vague and/or broad which can be misunderstood and/or misapplied.

Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors on 13 Apr 2021

Citations : [2021 SCC ONLINE SC 315]

Other Sources :

https://indiankanoon.org/doc/199473647/

https://www.casemine.com/judgement/in/607d22efba0bb01cbed0c0a7

https://www.indianemployees.com/judgments/details/m-s-neeharika-infrastructure-pvt-ltd-versus-state-of-maharashtra-and-others

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Neeharika Infrastructure Pvt Ltd Vs State of Maharashtra and Ors | Leave a comment

Decisions of High Courts to be made applicable in Other High Courts under Article 227 of the Constitution of India

Posted on January 21, 2021 by ShadesOfKnife

This page lists case laws from different High Courts in which good directions were passed, that I want to be passed by other High Courts also, under Article 226 of the Constitution of India read with Article 227 of the Constitution of India. This is important because, decision of a High Court, being a Constitutional Court having jurisdiction only within the territory of the State of Union Territory for which it is High Court, has only persuasive value in a Court outside that State of Union Territory. (Some goals are here)

 

Allahabad High Court

  1. Mohd Farman Vs State of UP on 12 Aug 2021 [Police person not to have beards against Circulars and Article 25 does not help]
  2. Waseem Vs State of UP and Anr on 30 Aug 2022 [Guidelines regarding to Recording of 161 CrPC Statements]

 

Andhra Pradesh High Court

  1. Kudari Chandrasekhar Vs State of AP on 08 Mar 2021 [Give number to 340 CrPC Perjury application and dispose it according to law]
  2. Sandeep Pamarati Vs High Court of AP and 14 Ors on 14 Nov 2022 [Clearance of ALL Old Cases those instituted prior to 2018]

 

Calcutta  High Court

  1. In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home [UTPs unfit (under CPC and CrPC) to stand trial to be released]

 

 

Karnataka High Court

  1. Karnataka Power Distribution Vs M RajaShekar on 2 Dec 2016 [NOC not required to engage new advocate, if the advocate was discharged by client, following the procedure established by law]
    • relied on
      • R.D. Saxena Vs Balram Prasad Sharma [SC]
      • New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 [SC]
      • C.V. Sudhindra and Ors. Vs Divine Light School For Blind [KarHC]
  2. Suprit Ishwar Divate Vs State of Karnataka on 10 Jun 2022 [No hand cuffing; Compensation for handcuffing; body cameras to all officers conducting arrests so that a record of the arrest may be made]

 

Kerala High Court

  1. XXX Vs State of Kerala and Ors on 05 July 2022 [Ensure 24/7 access to crisis centre, legal support for sexual assault survivors]
  2. Vysakh K.G. Vs Union of India and Anr on 22 Dec 2022 [Right to be forgotten in certain case types]
  3. Bijumon and Ors Vs The New India Assurance Co on 28 Feb 2023 [Enhances Compensation Under ‘Loss Of Dependency’ adopting Notional Income Of a Deceased Child as Rs.30,000/-]

 

Madras High Court

  1. Dr.P.Pathmanathan and Ors Vs V.Monica and Anr on 18 Jan 2021 [Wonderful Guidelines for PWDVA cases]

 

Madhya Pradesh High Court

  1. Hrishikesh Jaiswal Vs State of Madhya Pradesh and Others [Effective implementation of Motor Vehicle Act/Rules in the State]

 

 

Patna High Court

  1. The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022 [Construct Retail stores with convenience facilities (toilets) on the State and National Highways in the State]

 

Telangana High Court

  1. P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (Directions issued regd appearance of respondents in DV Cases)

 

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court Decisions of High Courts to be made applicable in Other High Courts under Article 227 of the Constitution of India | Leave a comment

Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 11 Nov 2020

Posted on November 11, 2020 by ShadesOfKnife

Supreme Court granted interim bail to Arnab Goswami, after he suffered judicial custody for 7 days.

Here is the Order.

Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 11 Nov 2020

Here is the Judgment with reasons.

Arnab Manoranjan Goswami Vs State of Maharashtra and Ors on 27 Nov 2020

Index of Quash judgments here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnab Manoranjan Goswami Vs State of Maharashtra and Ors Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court CrPC 439 - Special powers of High Court or Court of Session regarding bail CrPC 482 - FIR Can Be Quashed Interim Bail Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Post navigation

  • Older posts

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Bijumon and Ors Vs The New India Assurance Co on 28 Feb 2023 March 9, 2023
  • Jai Prakash Tiwari Vs State of Madhya Pradesh on 04 Aug 2022 March 8, 2023
  • Ayush Mahendra Vs State of Telangana on 05 Jan 2021 March 8, 2023
  • Premchand Vs State of Maharashtra on 03 Mar 2023 March 8, 2023
  • Vibhor Garg Vs Neha March 5, 2023

Most Read Posts

  • Bar Council of India Vs Bonnie Foi Law College and Ors (1,192 views)
  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (1,139 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (1,118 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (1,054 views)
  • XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022 (918 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (803 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (788 views)
  • Bar Council of India Vs Twinkle Rahul Mangaonkar and Ors on 02 Aug 2022 (666 views)
  • Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (516 views)
  • Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 (424 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (333)Reportable Judgement or Order (329)Landmark Case (318)2-Judge (Division) Bench Decision (268)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (217)1-Judge Bench Decision (151)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (82)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (53)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (35)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (639)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (299)High Court of Andhra Pradesh Judgment or Order or Notification (160)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (54)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (41)High Court of Allahabad Judgment or Order or Notification (40)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (31)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • G Reddeppa on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • March 2023 (9)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • MAN (Manchester) on 2023-04-04 April 4, 2023
    THIS IS A SCHEDULED EVENT Apr 4, 00:30 - 06:30 UTCMar 23, 12:00 UTCScheduled - We will be performing scheduled maintenance in MAN (Manchester) datacenter on 2023-04-04 between 00:30 and 06:30 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • MIA (Miami) on 2023-03-31 March 31, 2023
    THIS IS A SCHEDULED EVENT Mar 31, 06:00 - 08:00 UTCMar 21, 19:01 UTCScheduled - We will be performing scheduled maintenance in MIA (Miami) datacenter on 2023-03-31 between 06:00 and 08:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • ICN (Seoul) on 2023-03-28 March 28, 2023
    THIS IS A SCHEDULED EVENT Mar 28, 17:00 - 23:00 UTCMar 21, 09:01 UTCScheduled - We will be performing scheduled maintenance in ICN (Seoul) datacenter on 2023-03-28 between 17:00 and 23:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.192.228.242 | SD March 22, 2023
    Event: Bad Event | Total: 18,542 | First: 2017-04-19 | Last: 2023-03-22
  • 103.20.11.183 | SD March 22, 2023
    Event: Bad Event | Total: 4,310 | First: 2017-01-11 | Last: 2023-03-22
  • 43.229.241.88 | SD March 22, 2023
    Event: Bad Event | Total: 1,476 | First: 2017-01-22 | Last: 2023-03-22
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 893 access attempts in the last 7 days.

pixel