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2023 (3) TMI 274

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....dikesavalu For the Petitioner : Mr. E.Marees Kumar For the Respondents : Mr. D.Gandhiraj Special Government Pleader ORDER Heard Mr. E.Marees Kumar, Learned Counsel for the Petitioner and Mr. D.Gandhiraj, Learned Special Government Pleader, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2. The Writ Petition c....

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....ncorporated members' clubs after the 46th Amendment adding Article 366(29-A) to the Constitution of India. 52.2 CTO -vs- Young Men's Indian Assn. [(1970) 1 SCC 462] and other judgments which applied this doctrine continue to hold the field even after the 46th Amendment. 52.3 Sub-clause (f) of Article 366(29-A) has no application to members' clubs." 4. The consisten....

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....f U.P. -vs- Brahm Datt Sharma (AIR 1987 SC 943) etc. 14. The reason why ordinarily a writ petition should not be entertained against a mere show-cause notice or charge-sheet is that at that stage the writ petition may be held to be premature. A mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the....

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.... charge sheet. 16. No doubt, in some very rare and exceptional cases the High Court can quash a charge-sheet or show-cause notice if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. However, ordinarily the High Court should not interfere in such a matter." Having due regard to the aforesaid legal position, as there is nothing which preclud....