Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
Section 18A – SC/ST Act, 1989 – Constitutional Validity – The Apex Court, observed that provisions of Section 438 Cr.PC shall not apply to the cases under Act. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A(i) shall not apply. Also, it has overruled the previous judgement of Dr.SUBHASH KASHINATH MAHAJAN Vs. THE STATE OF MAHARASHTRA & ANR – (2018) 6 SCC 454.