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Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply. Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action Service Law — Recruitment Rules — Eligibility Criteria — Date of Possession of Qualification — For recruitment to the post of Assistant Prosecution Officer, the essential educational qualification must be possessed by the candidate on the date of submission of the application, not at a later stage like the interview or examination date. Public Administration and Service Rules — Interpretation of merger of departments and promotion rules — The Supreme Court set aside the High Court’s judgment that questioned a government order (G.O.) granting a notional promotion to an employee — The Court found that the original G.O — was issued in compliance with prior High Court orders and a merger policy that was not challenged by any party, thus validating the promotion and subsequent advancements. Companies Act, 1956 — Sections 397, 398, 41 and 2(27) — Member of a company — Locus standi to file petition for oppression and mismanagement — Essential requirement is not just formal entry in register of members, but also equitable consideration of proprietary interest and conduct of the company treating the person as a member

Narcotic Drugs and Psychotropic Substances Act, 1985, S.50–Personal Search- -Contraband recovered from inside the car in which accused and co-accused were traveling and not in course of the search of their person—Therefore, S.50 had no application and hence its non-compliance is not adverse to accused

2017(1) Law Herald (SC) 262 : 2016 LawHerald.Org 2490 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal Appeal…

Criminal Procedure Code, 1973 (CrPC) – Section 319 – Summoning of additional accused – Powers of Court – Nature and exercise of – Power to summon an accused is an extraordinary power conferred on the Court. It should be used very sparingly and only if compelling reasons exist for taking cognizance against other person against whom action has not been taken.

  AIR 2004 SC 4298 : (2004) CriLJ 4185 : (2004) 7 JT 509 : (2004) 7 SCALE 282 : (2004) 7 SCC 792 : (2004) 3 SCR 894 Supp…

The case of the Appellants and the Writ Petitioners, in most of the cases, is based on the doctrine of promissory estoppel on the basis of a promise apparently made by the Respondents to the land owners that they would be granted dealerships in lieu of the lands offered by them for setting up of the retail outlets

  (2013) 8 AD 665 : (2013) 10 JT 304 : (2013) 8 SCALE 762 : (2014) 1 SCC 201 SUPREME COURT OF INDIA MOHD. JAMAL — Appellant Vs. UNION…

Criminal Procedure Code, 1973 (CrPC) – Section 378 – Appeal – Acquittal – Interference with possible reasonable view – Sole testimony of complainant alleged to have been beaten by the accused persons – The complainant reaching the place of occurrence by chance – Improbability of prosecution case – Order of acquittal, restored.

  AIR 1977 SC 1213 : (1977) 4 SCC 598(1) SUPREME COURT OF INDIA JIMMY HOMI BHARUCHA — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : S. Murtaza…

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