Search Results for Tag : Writ
Notifications & Circulars
Award for outstanding writings in the field of Banking Hindi(16.10.2017)
With a view to encourage original writings and research in Banking Hindi, Reserve Bank of India has launched an 'Award scheme for outstanding writings.....
Tags : Outstanding writings, Banking Hindi, Award
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Award for outstanding writings in the field of Banking Hindi(16.10.2017)
With a view to encourage original writings and research in Banking Hindi, Reserve Bank of India has launched an 'Award scheme for outstanding writings.....
Tags : Outstanding writings, Banking Hindi, Award
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TRAI mandates written agreements between broadcasters and operators(07.01.2016)
The Telecom Regulatory Authority of India released the Telecommunication (Broadcasting and Cable Services) Interconnection (Digital Addressable Cable .....
Tags : Trai, television, broadcaster, operator, written agreement
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Write-off of debt securities held by FPIs who intend to surrender their registration(08.11.2021)
1. SEBI, vide circular number IMD/FPI&C/CIR/P/2019/124 dated November 05, 2019, read with circular number SEBI/HO/IMD/FPI&C/CIR/P/2020/177 dated Septe.....
Tags : Write-off, Debt securities, FPIs
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Multi System Operators to provide signals of TV channels to LCOs only with written interconnection agreement(17.08.2016)
The Telecom Regulatory Authority of India (TRAI) issued a cautionary to all multi system operators to provide signals of TV channels to LCOs only with.....
Tags : TV channels, Signals, Written interconnection agreement
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News
SEBI Asks Franklin Templeton to Explain Vodafone Idea Write- Down(23.01.2020)
Securities and Exchange Board of India has asked Franklin Templeton Mutual Fund to explain its decision to assign zero value to Vodafone Idea debentur.....
Tags : Securities and Exchange Board of India, Vodafone Idea Write Down
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SC: Writ of Habeas Corpus Cannot be Invoked for Granting Premature Release to Convicted Prisoners(24.01.2020)
Supreme Court has observed that a Writ of Habeas Corpus cannot be invoked for granting plea seeking the premature release of a convicted prisoner. The.....
Tags : Supreme Court, Writ of Habeas Corpus, Premature Release of Convict
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Bombay HC: Even if Remand Order is Illegal, Still Writ of Habeas Corpus Not Effective Remedy(27.01.2020)
Bombay High Court has dismissed a Writ of Habeas Corpus observing that even if the Magistrate had acted rather mechanically remanding the accused in j.....
Tags : Bombay High Court, Writ of Habeas Corpus, Illegal Remand Order
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SC: Presence of Arbitration Clause Does Not Oust Writ Jurisdiction Under Article 226(18.02.2021)
Supreme Court has observed that presence of an arbitration clause within a contract between a state instrumentality and a private party is not an abso.....
Tags : Supreme Court, Writ Jurisdiction Under Article 226
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Allahabad High Court Stays Arrest of Directors and Writers of ‘Mirzapur’ Series(19.02.2021)
Allahabad High Court has stayed the arrest of 'Mirzapur Series' Directors and Writers namely Karan Anshuman, Gurmeet Singh, Puneet Krishna and Vineet .....
Tags : Allahabad High Court, Directors and Writers of ‘Mirzapur’ Series
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COMMERCIAL - 120 Days Deadline to File Written Statement in Commercial Suits is Mandatory: SC(19.02.2019)
Supreme Court has observed that proviso added to Code of Civil Procedure by Commercial Appellate Division of High Courts Act, 2015, is mandatory and n.....
Tags : Supreme Court, Commercial Courts, Written Statement
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COMMERCIAL - Deadline of 120 Days to File Written Statement in Commercial Suits is Mandatory: SC(19.02.2019)
Supreme Court has observed that proviso added to Code of Civil Procedure by Commercial Appellate Division of High Courts Act, 2015, is mandatory and n.....
Tags : Supreme Court, Commercial Courts, Written Statement
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Supreme Court: Conviction Cannot be Solely Based on Evidence of Hand-Writing Expert(15.01.2020)
Supreme Court has reiterated that without an independent and reliable corroboration, the opinion of the handwriting experts cannot be relied upon to b.....
Tags : Supreme Court, Evidence, Hand- Writing
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Calcutta HC: Section 173(8) CrPC No Bar for Writ Courts from Passing Further Directions(27.01.2021)
Calcutta High Court has held that Section 173 of the Code of Criminal Procedure, 1973 deals with Report of police officer on completion of investigati.....
Tags : Calcutta High Court, Passing of Directions by Writ Court
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Calcutta HC: Writ Jurisdiction Can be Invoked Despite Availability of Alternative Remedy(03.02.2021)
Calcutta High Court has held that a writ petition Article 226 of the Constitution of India, 1949, challenging the jurisdiction of National Company Law.....
Tags : Calcutta High Court, Writ Jurisdiction
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Supreme Court: Plea Of Hardship Cannot Be Raised If Not Pleaded In Written Statement(10.05.2019)
Supreme Court has observed that a Defendant in a specific performance suit should plead in his written statement the hardship that will be caused if t.....
Tags : Supreme Court, Written Statement
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CESTAT, Ahmedabad: Input Tax Can’t be Denied Because Invoice Bears Handwritten Serial Number(30.03.2020)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that the input tax credit cannot be denied merely on the ground that t.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Handwritten Serial Number
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Madras HC: Time Limit for Filing Written Statements to Counter Claims Not Mandatory(31.01.2022)
Madras High Court has held that the mandatory time limit of 120 days to file a written statement in a commercial suit is not applicable to written sta.....
Tags : Madras High Court, Time Limit for Filing Written Statements
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Allahabad HC: No Absolute Bar on Maintainability of Writ Against State in Contractual Matters(31.01.2022)
Allahabad High Court has observed that there is no absolute bar on the maintainability of a writ petition against the state and its instrumentalities .....
Tags : Allahabad High Court, Maintainability of Writ Against State
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Rajasthan HC: Writ Court May Not Interfere in Every Decision Taken on Administrative Side(03.02.2022)
Rajasthan High Court has observed that that the writ Courts, under Article 226 of the Constitution, may not interfere in every decision that is taken .....
Tags : Rajasthan High Court, Writ Court
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When Can a High Court Issue a Writ of Quo Warranto? Supreme Court Answers(07.03.2018)
Supreme Court has observed that that unless the writ court is satisfied that the incumbent was not eligible at all as per the statutory provisions for.....
Tags : Supreme Court, Writ
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CONTRACT - Writ Petitions in Contract Matters Maintainable When There is Arbitrariness By State: SC(22.03.2019)
Supreme Court has reiterated that even in contract matters, a writ petition under Article 226 of the Constitution of India can be entertained by the h.....
Tags : Supreme Court, Writ Petitions, Contract Matters
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CONSTITUTION - Statutory Regulation on Private Bodies Does Not Make Them Subject To Writ Jurisdiction: SC(27.03.2019)
Supreme Court has observed that mere regulation by a statute on a private body cannot be conclusive of whether it discharges a public function, to hol.....
Tags : Supreme Court, writ jurisdiction
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SC: Writ Jurisdiction in Election Matters Not Appropriate Where Alternative Machinery Available(17.02.2020)
Supreme Court has held that once alternate machinery is provided by the statute, the recourse to writ jurisdiction in matters related to elections is .....
Tags : Supreme Court, Writ Jurisdiction in Election Matters
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Delhi HC: No Extension of Limitation Where Defendant Not Prevented from Filing Written Statement(20.12.2021)
Delhi High Court has observed that the Supreme Court's orders on extension of limitation will not be applicable in circumstances where the defendant w.....
Tags : Delhi High Court, Filing of Written Statement
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J&K&L HC: Writ Jurisdiction Can’t Override Efficacious Statutory Dispensation(21.12.2022)
Jammu and Kashmir and Ladakh High Court has held that where statutory remedy is created by law, the writ petition should not be entertained ignoring t.....
Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Override
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All. HC: No Illegality in Taking Written Statement of Witness Under Section 161 CrPC(26.12.2022)
Allahabad High Court has held that if written statement has been submitted by the witness himself to the Investigating Officer and the IO assures its .....
Tags : Allahabad High Court, Written Statement, Section 161 CrPC
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Bombay High Court Allows Egyptian Man's Habeas Corpus Plea Against In-Laws(31.01.2020)
Bombay High Court has allowed a criminal writ Petition filed by Khaled Kassem, an Egyptian citizen who sought the issuance of a writ of habeas corpus .....
Tags : Bombay High Court, Writ of Habeas Corpus, Illegal Confinement of Child
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Madras HC: Article 226 Empower High Court to Exercise Writ Jurisdiction at Pre-Detention Stage(08.02.2021)
Madras High Court has held that Article 226 of the Constitution of India, 1949 empowers the High Court to exercise its writ jurisdiction even at a pre.....
Tags : Madras High Court, Writ Jurisdiction at Pre-Detention Stage
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Bombay HC: Writ Petitions No Longer Maintainable Against Air India Owing to Airline's Privatization(22.09.2022)
Bombay High Court has held that writ petitions brought by Air India Ltd employees against the company over salaries and promotions are no longer maint.....
Tags : Bombay High Court, Writ, Air India, Privatization
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SC: High Courts Shouldn’t Writ Petitions Filed Bypassing Statutory Alternative Remedies(23.09.2022)
Supreme Court has held that High Courts should refrain from excercising writ jurisdiction where there is an alternate remedy available. When there is .....
Tags : Supreme Court, Writ Jurisdiction, Alternative Remedy
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Ker. HC: Writ Jurisdiction Can’t be Invoked to Challenge Questions Of Fact w.r.t Committee Election(03.11.2023)
Kerala High Court has held that writ jurisdiction under Article 226 of Constitution can’t be invoked to challenge disputed questions of fact concernin.....
Tags : Kerala High Court, Committee Election, Writ Jurisdiction
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Ker. HC: Can’t Invoke Writ Against Decisions of Lender/Banker Unless There is Compelling Reason(06.11.2023)
Kerala High Court has held that Court, in exercise of its jurisdiction under Article 226 cannot replace the wisdom of lender/banker in the process of .....
Tags : Kerala High Court, Lender/Banker, Writ Jurisdiction, Compelling Reason
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ITAT: Law Does Not Mandate Written Agreement to Prove Commission Expenses(13.06.2022)
Income Tax Appellate Tribunal (ITAT), Delhi bench while deleting an order disallowing expenses has held that there is no law that mandates a written a.....
Tags : ITAT, Written Agreement, Commission Expenses
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Allahabad HC: Writ Maintainable at Lucknow Seat if a Part of Cause Of Action Arose in Areas of Oudh(23.06.2022)
Allahabad High Court has held that a party has the option to attract the jurisdiction of the Lucknow seat of the Allahabad High Court even if a part o.....
Tags : Allahabad High Court, Writ, Lucknow Jurisdiction
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SC: Court Cannot Compel the Legislature to Come Out with a Particular Legislation(18.07.2023)
Supreme Court while declining to issue direction regarding the prohibition of cow slaughter has observed that the same is for the competent legislatur.....
Tags : Supreme Court, Legislation, Writ Jurisdiction, Cow Slaughter
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SC: Writ Petition Not Maintainable Against Judicial Order Passed by High Court(11.09.2020)
Supreme Court has held that a writ petition under Article 226 of the Constitution of India, 1949 would not be maintainable in order to challenge which.....
Tags : Supreme Court, Writ Petition Against Judicial Order
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Bombay HC: Written Submissions in Dispute Immaterial if Counsel Doesn’t Rely on It(17.08.2021)
Bombay High Court has observed that written submissions in a dispute become immaterial if the litigant's counsel doesn't rely on them before the court.....
Tags : Bombay High Court, Written Submissions in Dispute
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Gujarat HC Sends Disputed Cheque to Handwriting Expert in Larger Interest of Fair Trial(29.06.2022)
Gujarat High Court has directed to send the disputed cheque to the Forensics Laboratory for the opinion of the Handwriting Expert to ensure the larger.....
Tags : Gujarat High Court, Cheque, Handwriting Expert
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Bom HC: CPC Doesn’t Have Provision to Extend Time for Filing WS Due to Pendency of Misc. Application(06.08.2024)
Bombay High Court has observed that there is no provision in the Civil Procedure Code, 1908 or any pronouncement of the Court stating that time to fil.....
Tags : Bombay High Court, Written Statement, Miscellaneous Application
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Ker. HC: Writ Court Doesn’t Lack Jurisdiction in Disputes Involving a State Entity(06.08.2024)
Kerala High Court has held that when a State entity under Article 12 of COI enters into a purely contractual relationship with a private party, the Wr.....
Tags : Kerala High Court, A. 12 of COI, Writ Court
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MP HC: Can’t Send Police Constables to Band Practice Without Written Consent(09.08.2024)
Madhya Pradesh High Court while allowing plea by police constables against enlisting them in the police band's without their consent, has held that th.....
Tags : MP High Court, Police Constables, Written Consent
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Delhi HC: Writ Petition Relation to Industrial Dispute to Not Be Listed(22.09.2020)
Delhi High Court has held that a writ petition relating to an industrial dispute shall not be listed unless it discloses 'exceptional circumstances' i.....
Tags : Delhi High Court, Writ Petition to Industrial Dispute
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Journalists Appeal Against Jail Term For 'Breach of Privilege', Karnataka High Court to Hear on Monday(29.11.2017)
Journalists Appeal Against Jail Term For 'Breach of Privilege', Karnataka High Court to Hear on Monday
Tags : The Assembly, during its ongoing winter session, re-confirmed the one-year-jail term and Rs 10,000 fine for writing articles that "breached the privilege of MLAs".
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Allahabad HC Imposes Rs. 5,000 Cost on Doctor for Poor Handwriting(05.12.2018)
Allahabad High Court has imposed cost of Rs. 5000 on a doctor of Bahraich District Hospital for writing a post-mortem report in illegible handwriting.
Tags : Allahabad High Court, Doctor, Handwriting
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SC Disapproves HC's Practice of Summoning Officers who Passed Order Impugned in Writ Petitions(11.12.2019)
Supreme Court has disapproved the practice of summoning officers by the High Court while considering the writ petitions which impugns the orders passe.....
Tags : SC, Writ Petitions
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Del HC: Scope of Writ Jurisdiction Cannot be Allowed to Trounce the Statutory Obligation(16.08.2023)
Delhi High Court while observing that scope of writ jurisdiction can’t be allowed to trounce the statutory obligation, on the stratagem of efficacious.....
Tags : Delhi High Court, Writ Jurisdiction, SARFAESI, Recovery Proceedings
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JKL HC: Can’t Entertain WP on Ground of Mistake of Law/Facts Unless There is Miscarriage of Justice(23.08.2023)
Jammu and Kashmir and Ladakh High Court has held that petition under Article 227 of the Constitution cannot be moved merely on ground of mistake of fa.....
Tags : Jammu and Kashmir and Ladakh High Court, Miscarriage of Justice, Writ Petition
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SC: Period for Filing of Written Statement Directory In Civil Suits; But Mandatory in Commercial Suit(20.10.2021)
Supreme Court has observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure, 1908 in civi.....
Tags : Supreme Court, Period for Filing of Written Statement
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Madras HC: Writ Petition in High Court Not Maintainable if Statutory Alternative Remedy Available(21.10.2021)
Madras High Court has held that the writ petition in High Court is not maintainable if Statutory Alternative Remedy is available under Central Goods a.....
Tags : Madras High Court, Writ Petition in High Court
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Bombay HC: No Older-Age Writer Concession for Students with Special Needs(15.01.2016)
Bombay High Court has stayed older-age writer concession for students with special needs to write their state board examination. In a recently issued .....
Tags : Bombay High Court, older-age writer concession
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Gujarat HC: Yes Bank is a Private Entity And Not Amenable to Writ Jurisdiction(28.07.2022)
Gujarat High Court has held that 30% shareholding of State Bank of India (SBI) cannot make Yes Bank a State under Article 12 of Constitution, and ther.....
Tags : Gujarat High Court, Yes Bank, Writ Jurisdiction, State
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Ker. HC: Court Not Refrained from Granting Relief to Which Party is Entitled But Didn’t Seek(29.07.2022)
Kerala High Court has held that Court exercising power under Article 226 of Constitution could not refrain from granting a relief to which a party is .....
Tags : Kerala High Court, Writ, Relief
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SC: Writ Petition Should Normally not be Entertained Against Mere Issuance of Show Cause Notice(18.11.2019)
Supreme Court has reiterated that a writ petition should normally not be entertained against mere issuance of show cause notice. The Court further not.....
Tags : SC, Writ Petition
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Supreme Court: No Ban on Filing Counter-Claim after Filing Written Statement(20.11.2019)
Supreme Court has ruled that a Court can exercise its discretion and permit the filing of a counter claim after the written statement till the stage o.....
Tags : Supreme Court, Written Statement
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Madras HC Refuses to Interfere with Decision Not to Allow Student to Write Screening Test(26.10.2021)
Madras High Court has refused to interfere with a decision taken by the National Medical Commission (NMC) not to allow a student who had pursued medic.....
Tags : Madras High Court, Decision Not to Allow Student to Write Screening Test
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Delhi HC: Writ Jurisdiction Can be Exercised Only if Person Or Authority is Within Court’s Territory(08.09.2022)
Delhi High Court has held that Court can exercise its power under Article 226 of the Constitution of India either when the person or authority to whic.....
Tags : Delhi High Court, Writ, Territory
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SC Seeks CBI, ED Response on Plea Seeking Probe Against 'Paid Media Writings' in Chopper Scam(03.01.2017)
Supreme Court has agreed to hear a plea seeking a Special Investigation Team (SIT) probe against certain prominent journalists for allegedly writing i.....
Tags : Supreme Court, AgustaWestland, Paid Media Writings
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MP HC: Only an Assertion That Corpus Abducted Not Sufficient to Issue Writ(05.10.2021)
Madhya Pradesh High Court has ruled that only an assertion that the corpus has been abducted by some unknown miscreants, is not sufficient to seek iss.....
Tags : Madhya Pradesh High Court, Writ of Habeas Corpus
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Delhi HC: Satyendar Jain Can’t be Disqualified from Legislative Assembly Under Writ Jurisdiction(22.08.2022)
Delhi High Court has held that in exercise of writ jurisdiction under Article 226, the Court cannot declare Jain as a person with unsound mind and can.....
Tags : Delhi High Court, Satyendar Jain, Writ Jurisdiction
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Kar. HC: Alternate Remedy Can’t be Used as China Wall Against Invocation of Writ Jurisdiction(22.09.2023)
Karnataka High Court while relying on judgment in Godrej Sara Lee Ltd vs. Excise & Taxation Officer (MANU/SC/0086/2023), has held that in all cases, t.....
Tags : Karnataka High Court, Alternate Remedy, Writ Jurisdiction
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SC: Courts Should Restrain While Exercising Judicial Review in Contracts Involving Technical Issues(03.10.2023)
SC observed that in contracts involving complex technical issues, the Court should exercise restraint in exercising power of judicial review. Even if .....
Tags : Supreme Court, Writ Jurisdiction, Judicial Review
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Tel. HC: HC’s Power to Interfere is Limited When Election Process has Commenced(21.11.2023)
Telangana High Court has observed that jurisdiction of High Court to interfere with the process of election once the same has commenced is very limite.....
Tags : Telangana High Court, Election Process, Writ Jurisdiction
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Del. HC: Writ Jurisdiction Doesn’t Extend to Resolving Disputes Over Boundary Delineations(09.11.2023)
Delhi High Court has held that specialized bodies are better equipped with necessary technical expertise to navigate complexities of land demarcation .....
Tags : Delhi High Court, Boundary Delineations, Specialized Bodies, Writ Court
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Del. HC: Will can be Suspected if There is Unsigned Cuttings and Overwriting(20.11.2023)
Delhi High Court has held that only if it is found that there are substantial changes sought to be introduced to a Will by the cuttings and overwritin.....
Tags : Delhi High Court, Will, Overwriting
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Supreme Court Reiterates No Bar in Rejecting 'Admitted' Writ Petition on Ground of Alternative Remedy(25.11.2019)
Supreme Court has reiterated that after admitting a writ petition there is no bar on a High Court to reject it on the ground of alternate remedy.
Tags : Supreme Court,Writ Petition
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Madras HC: No Deduction Can be Claimed if Bad Debt Not Written Off(10.12.2020)
Madras High Court has held that the deduction cannot be claimed on the bad debt which was not written off as required by law as per the provisions of .....
Tags : Madras High Court, Writing Off of Bad Debts
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Bombay HC: Writ Petition Not Maintainable as Statutory Alternative Remedy is Available Under MVAT Act(02.11.2021)
Bombay High Court has ruled that the writ petition is not maintainable as Statutory Alternative Remedy is available for under Maharashtra Value Added .....
Tags : Bombay High Court, Writ Petition
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Delhi HC: Practice of Handwritten Clauses In Mediation Settlement Needs To Be Discontinued(10.11.2021)
Delhi High Court has observed that the practice of handwritten clauses in mediation settlements needs to be discontinued forthwith, unless it is count.....
Tags : Delhi High Court, Practice of Handwritten Clauses In Mediation Settlement
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Supreme Court on Judicial Vacancies: 'We Cannot Run Away From Our Own Cause'(30.01.2017)
Supreme Court, while noting that “we cannot run away from our own cause”, has refused to heed to Centre's urging to stop hearing a batch of writ petit.....
Tags : Supreme Court, judicial vacancies, writ petitions
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Bombay HC Directs State to Act Upon Shortage of Handwriting Experts(03.02.2017)
Bombay High Court has asked State Government to do something about shortage of handwriting experts in Mumbai.
Tags : Bombay High Court, handwriting experts
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Gauhati HC: Absence of Petitioner After Filing Written Statement No Basis to Pass Order Against Him(28.12.2019)
Gauhati High Court has noted that the mere fact that proceedee has remained absent after filing written statement and documents cannot be a justificat.....
Tags : Gauhati HC, Written Statement
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Allahabad HC: Writ Jurisdiction for FIR Can’t be Invoked Without Availing Statutory Remedies(06.01.2021)
Allahabad High Court has observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to th.....
Tags : Allahabad High Court, Writ Jurisdiction of FIR
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Bombay HC Grants Transit Pre-Arrest Bail to Director, Producer, Writer, Amazon Content Head(21.01.2021)
Bombay High Court has granted transit anticipatory bail to Tandav web series director Ali Abbas Zafar, producer Himanshu Mehra, Amazon content head Ap.....
Tags : Bombay High Court, Pre-Arrest Bail to Director, Producer, Writer, Amazon Content Head
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All. HC: Cognizance of Offence u/s 174A IPC to be Taken Only on Written Complaint of Concerned Court(10.01.2024)
Allahabad High Court has held that offence punishable under section 172 of IPC will be cognizable by the court only when a complaint in writing is fil.....
Tags : Allahabad High Court, Cognizance, Written Complaint, FIR
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SC: Failing to File Written Statement Within Time Does Not Lead to a Decree Against the Defendant(15.01.2024)
Supreme Court has held that mere failure or neglect of a defendant to file a written statement controverting the pleaded facts in the plaint, may not .....
Tags : Supreme Court, Written Statement, Decree, Defendant
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SC: No Bar on Allowing Counter Claim Filed Long After Written Statement But Before Framing of Issues(13.10.2022)
Supreme Court has held that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of iss.....
Tags : Supreme Court, Written Statement, Counter Claim
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Delhi HC: Time for Filing Written Statement Starts From Date of Providing Suit to Defendant(17.10.2022)
Delhi High Court has ruled that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summon.....
Tags : Delhi High Court, written statement, summons, Code of Civil Procedure
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Ker HC: Election to Board of Directors in Banking Company a Private Affair; Writ Not Maintainable(27.10.2022)
Kerala High Court has held that writ petitions cannot be instituted against the matter of rejection of nomination for election to the post of Director.....
Tags : Kerala High Court, Private Matter, Writ
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Del. HC: South Asian University an International Organization, Not Amenable to Writ Jurisdiction(25.01.2024)
Delhi High Court has held that South Asian University is not amenable to the writ jurisdiction under Article 226 of the Constitution of India as it en.....
Tags : Delhi High Court, South Asian University, Writ Jurisdiction, International Organization, Article 226 of Constitution
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CIVIL MP HC: WS Filed After 120 Days Not Permissible, Summer Vacations Not 'Extraordinary Circumstanc(02.02.2024)
Madhya Pradesh High Court has held that a written statement (WS) filed after the lapse of 120 days since the service of summons cannot be permitted to.....
Tags : Madhya Pradesh High Court, Written Statement, Summer Vacations, Extraordinary Circumstance
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J&K&L HC: Judicial Review Restricted to Public Functions if Pvt Entity Amenable to Writ Jurisdiction(02.01.2023)
Jammu and Kashmir and Ladakh High Court has held that if a private entity is amenable to writ jurisdiction, the powers of judicial review are confined.....
Tags : Jammu and Kashmir and Ladakh High Court, Private Entity, Writ Jurisdiction
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Ker HC: Writ Jurisdiction Under Article 226 of Constitution Can’t Be Invoked For Execution of Decree(16.02.2024)
Kerala High Court has held that for execution of a decree, writ jurisdiction under Article 226 of the Constitution of India cannot be invoked when the.....
Tags : Kerala High Court, Writ Jurisdiction, Article 226 of Constitution, Execution of Decree
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Allahabad HC: Writ of Habeas Corpus Not Maintainable Against Judicial Order Of Magistrate(09.03.2021)
Allahabad High Court has held that an order passed by a Judicial Magistrate or Child Welfare Committee sending victim to women protection homes/child .....
Tags : Allahabad High Court, Writ of Habeas Corpus
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Calcutta HC: Writ Jurisdiction Shall Exist IBC Matters Despite Alternative Remedy(10.03.2021)
Calcutta High Court held that the writ jurisdiction can be invoked in the Insolvency and Bankruptcy Code (IBC) matters, despite the availability of an.....
Tags : Calcutta High Court, Writ Jurisdiction in IBC Matters
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Rajasthan HC: Breach of Written Undertaking Given to Court is Contempt(17.01.2022)
Rajasthan High Court has observed that breach of written undertaking given to the Court is contempt and is liable to be punished under the Contempt Co.....
Tags : Rajasthan High Court, Breach of Written Undertaking
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Gujarat HC: Courts Can't Sit in Chair of Financial Experts U/Art 226(04.01.2023)
Gujarat High Court has held that writ courts exercising jurisdiction under Article 226 of the Constitution cannot sit in the armchair of financial exp.....
Tags : Gujarat High Court, Financial Experts, Writ Courts
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SC: WP Can be Allowed to Examine if Conditions to Issue Notice U/S 148 IT Act Are Satisfied(09.01.2023)
Supreme Court has held that writ petitions can been entertained to examine whether the conditions for the issuance of notice under Section 148 of the .....
Tags : Supreme Court, Writ Petitions, Income-Tax, Notice
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Bombay High Court: Pardanashin Woman Allowed to Amend Written Statement(11.03.2024)
Bombay High Court has allowed a pardanashin woman to amend her written statement on the ground that the woman was illiterate and was unable to underst.....
Tags : Bombay High Court, Written Statement, Pardanashin Woman, Illiterate
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Gujarat HC: Maximum Limit of 90 Days for Filing Written Statement Directory Not Mandatory(27.01.2022)
Gujarat High Court has held that the maximum limit of 90 days for filing the written statement as under Order VIII Rule 1 of Code of Civil Procedure, .....
Tags : Gujarat High Court, Filing Written Statement
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Madras HC: Power to Issue Writ Under Article 226 or 227 is Subject to Court’s Discretion(27.01.2022)
Madras High Court has held that the power to issue writ under Article 226 or Article 227 is subject to the court's discretion even when an alternative.....
Tags : Madras High Court, Power to Issue Writ
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Cal. HC: Writ Jurisdiction Can be Invoked for Commercial Transaction Involving Element of Public Law(05.12.2022)
Calcutta High Court has held that writ jurisdiction of High Courts is invocable even for cases involving ordinary commercial transactions between priv.....
Tags : Calcutta High Court, Public Law, Writ Jurisdiction
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Madras HC: Writ Petition Maintainable Against Pvt Body When it Has Public Duty Conferred on it(20.06.2019)
Madras High Court has observed that writ petition is maintainable against any private body even if it has a public duty imposed on it. The public mono.....
Tags : Madras HC, Writ Petition
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Rajasthan HC: Disputed Question of Title of Plot Outside Scope of Extraordinary Writ Jurisdiction(14.02.2022)
Rajasthan High Court has observed that the disputed question of fact regarding title of the plot in question cannot be gone into by the High Court whi.....
Tags : Rajasthan High Court, Scope of Extraordinary Writ Jurisdiction
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Ker. HC: Writ Jurisdiction Cannot be Invoked to Re-Appreciate Evidence in Disciplinary Proceedings(01.04.2024)
Kerala High Court has held that the Court cannot consider the question about the sufficiency or adequacy of evidence in support of a particular conclu.....
Tags : Kerala High Court, Disciplinary Proceedings, Writ Jurisdiction
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SC: Writ Jurisdiction Can be Applied When Contractual Terms Imposed by State are Arbitrary(09.02.2023)
Supreme Court while invalidating GAIL's Condition imposed on IPCL, has held that if the State in its contractual dealings fails to exercise a degree o.....
Tags : Supreme Court, Writ Jurisdiction, Contractual Terms, Arbitrary
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Madhya Pradesh HC: If Efficacious Remedy Available Before Arbitrator Writ Will Not be Maintainable(15.04.2024)
Madhya Pradesh High Court has held that if an efficacious contractual remedy is available before the Arbitrator then the writ petition will not be ent.....
Tags : Madhya Pradesh High Court, Contractual Remedy, Writ Petition
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NCLT Urges Litigants to File Joint Memo of Written Submissions to Avoid Delay in Disposal(08.04.2020)
National Company Law Tribunal (NCLT) has urged all the litigants to file "Joint Memo" of written submissions, to avoid the lengthy process of filing r.....
Tags : National Company Law Tribunal, Joint Memo of Written Submissions
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JKL HC: No Absolute Bar to Invoke Writ Jurisdiction in Contractual Matters With State(16.03.2023)
Jammu and Kashmir and Ladakh High Court has observed that there has been paradigm shift in approach of the Courts in exercise of its Writ Jurisdiction.....
Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Contractual matter
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MP HC: Can Allow Filing of WS Beyond Limitation Period if Exceptional Circumstances are Made Out(24.05.2024)
Madhya Pradesh High Court while hearing a petition against closure of right of petitioner to file Written Statement (WS), has observed that it would b.....
Tags : Madhya Pradesh High Court, Exceptional Circumstances, Written Statement
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Writ Petitions can be Filed in Hindi With Authentic English Translation: Patna HC(01.05.2019)
Patna High Court has held that writ petitions can be filed in Hindi but it will have to be accompanied by an authentic English version of the petition.....
Tags : Patna High Court, Writ Petition in Hindi, English Translation
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Cal. HC Orders Probe in ‘Fake Writ Petition’ Filing By Co-operative Society Members(30.03.2023)
Calcutta High Court has directed ADGP, CID, West Bengal to initiate criminal proceedings and probe against persons who were allegedly involved in fili.....
Tags : Calcutta High Court, Fake Writ Petition, Co-operative Society
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SC Stays MP HC Judgment Entertaining 3rd Writ Petition Against Termination After 20 Yrs(13.05.2021)
Supreme Court has stayed the judgments of a Single Judge and Division Bench of the Madhya Pradesh High Court by which, entertaining a third writ petit.....
Tags : Supreme Court, Writ Petition Against Termination
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SC: Handwriting Expert's Opinion Not Only Mode to Prove Signature and Handwriting(21.03.2022)
Supreme Court has observed that opinion of the handwriting expert is not the only way or mode of proving the signature and handwriting of a person. Th.....
Tags : Supreme Court, Handwriting Expert's Opinion
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Supreme Court: Replication to WS Can be Filed by Election Petitioner if New Facts Not Introduced(10.05.2024)
Supreme Court has observed that a replication in an election petition can be filed by an election petitioner against a written statement, only on the .....
Tags : Supreme Court, Election Petition, Replication, Written Statement
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JKL HC: Court Can’t Extend Period for Filing Written Statement Beyond 120 Days(27.04.2023)
Jammu and Kashmir and Ladakh High Court has held that period of 120 days to file written statement under CPC is mandatory in nature so far as its appl.....
Tags : Jammu and Kashmir and Ladakh High Court, Written Statement, Mandatory Period
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Karnataka High Court: Writ Courts Cannot Transcend the Barriers of Law(11.06.2024)
Karnataka High Court has held that no writ can be issued in derogation of law. Writ Courts in the guise of doing justice cannot transcend the barriers.....
Tags : Karnataka High Court, Writ Courts, A. 142 of COI, Extraordinary Power
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Bombay HC Dismisses Plea Contending that Appeals of Celebrities are Heard on Priority Basis(14.09.2015)
Bombay HC has dismissed petition filed by convict contending that appeals of celebrities are heard on prority basis, stating that such discretion is e.....
Tags : Bombay HC ,writ jurisdiction
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Orissa HC: Writ Court Cannot Exercise Jurisdiction to Pronounce on Legal Right of Person(15.04.2022)
Orissa High Court has held that a writ Court like High Court cannot exercise its jurisdiction to pronounce on a legal right of a person to receive com.....
Tags : Orissa High Court, Writ Court, Legal Right of Person
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SC: High Courts Are Duty Bound To Issue Writ Of Mandamus For Enforcement Of A Public Duty(10.08.2020)
Supreme Court observed that the High Courts not only have the power to issue a Writ of Mandamus or in the nature of Mandamus, but are duty-bound to ex.....
Tags : Supreme Court, High Courts, Writ of Mandamus
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Delhi HC Held That Writ Jurisdiction Cannot be Entertained If there is Alternative Remedy(05.05.2022)
Delhi High Court has declined to quash a re-assessment order on the ground that there was no violation of natural justice and the writ jurisdiction un.....
Tags : Writ Jurisdiction, Alternative Remedy, Article 226
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Kerala HC: Litigant Can’t Invoke Extraordinary Jurisdiction of HC If Alternative Remedy Available(10.05.2022)
Kerala High Court while disposing of the writ petition has ruled that when there is an alternative and equally efficacious remedy opens to a litigant,.....
Tags : Kerala High Court, writ petition, High Court, litigant
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Calcutta HC: Writ Court Cannot Impose Penalty In Exercise of Plenary Jurisdiction(13.05.2022)
Calcutta High Court has ruled that a writ Court in exercise of its powers under Article 226 of the Constitution cannot inflict a penalty which is not .....
Tags : Calcutta High Court, writ Court, Article 226, plenary jurisdiction
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Jh. HC: Provisions to File Written Statements Within 90 Periods is Directory Not Mandatory(30.07.2024)
Jh. HC has observed that in Order VIII Rule 1 r/w S. 151 of C.P.C. time prescribed for filing WS from date of service of notice is 30 days. Further, 6.....
Tags : Jharkhand High Court, Written Statements, 90 days
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Orissa HC: Before Comparing Handwriting Specimen, Document Must be Admitted by All Parties(09.05.2023)
Orissa High Court has held that phrase ‘admitted or proved to the satisfaction of the court’ in Section 73 of Evidence Act provides that document take.....
Tags : Orissa High Court, Handwriting, Document
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J&K HC: In Bail Applications, No Necessity to Give Opportunity to State to File Written Objections(03.07.2024)
Jammu and Kashmir High Court has observed that in a bail application, there is no necessity to give an opportunity to the State to file written object.....
Tags : Jammu and Kashmir High Court, Bail Application, Written Objections
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Orissa HC Directs Doctors to Use Capital Letters for Writing Names of Drugs Prescribed(13.08.2020)
Orissa High Court has recommended that doctors working in Government or private or other medical set-ups should write the name of prescribed drugs in .....
Tags : Orissa High Court, Writing Names of Druga
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P&H HC: Courts Must Be Cautious While Exercising Discretion to Condone Delay in Filing WS(23.05.2022)
Punjab and Haryana High Court has held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise the.....
Tags : Punjab and Haryana High Court, CPC, Written Statement, Condone Delay
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SC: Opposite Party Whose Right to File WS is Closed, Can’t Bring in Pleadings through Evidence(23.07.2024)
SC has held that in absence of provisions dealing with non-filing of WS/forfeiture of right to file a WS, it can only be held that it should bar the o.....
Tags : Supreme Court, Opposite Party, Written Statement
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Supreme Court: Petitioner Allowed to Convert Writ Petition into Special Leave Petition(25.07.2024)
Supreme Court while allowing a petitioner to convert writ petition into special leave petition, has observed that it would be expedient for the ends o.....
Tags : Supreme Court, Writ Petition, Special Leave Petition
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P & H HC Restricts Filing of Multiple Writ Petitions on Similar Cause of Action(22.07.2020)
Punjab and Haryana High Court last week restricted the practice of filing multiple writ petitions with regard to the same or similar cause of action.
Tags : Punjab and Haryana High Court, Filing of Multiple Writ Petitions
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Delhi HC: Writ Petition Can be Filed Only When Statutory Remedies are Entirely Exhausted(06.06.2022)
Delhi High Court has held that writ petition can be filed only when statutory remedies are entirely exhausted to meet demands of extraordinary situati.....
Tags : Delhi High Court, Writ Petition, Statutory Remedies
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SC: WP Not Maintainable if Suit for Same Relief was Withdrawn Without Liberty to File Afresh(14.07.2023)
Supreme Court has held that a writ petition (WP) that is filed after suit seeking same relief was withdrawn without liberty to filed afresh, is not ma.....
Tags : Supreme Court, Writ Petition, Res Judicata, Maintainable
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Del. HC Uphelds Constitutional Validity of Rule 4 of Delhi High Court (Original Side) Rules, 2018(27.08.2024)
Delhi High Court has upheld the constitutional validity of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 which makes it mand.....
Tags : Delhi High Court, Constitutional Validity, Written Statement
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Judgments
Court shall pronounce judgment where a party failed to present written statement within time permitted or fixed by Court(14.12.2016)
Plaintiff has filed present appeal impugning an order passed by d Joint Registrar whereby applications filed by Defendants for seeking permission to f.....
Tags : Written Statement, Filing, Time period
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Public Interest Litigation does not lie in service matters.(10.01.2017)
Instant writ petition is filed by Petitioner said to be an NGO being a trust registered under Indian Trust Act, 1882. Petitioner is “Central Bank Reti.....
Tags : Locus standi, Writ Petition, Maintainability
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Supervisory jurisdiction conferred on High Court is confined only to see whether an inferior Court or tribunal has proceeded within parameters of its jurisdiction(15.12.2017)
The present appeal arises from a judgment of the High Court by which an order of the trial Court allowing an application filed by the Appellant for am.....
Tags : Written Statement, Amendment, Validity
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For issuance of writ of quo warranto, appointment has to be contrary to statutory rules(14.05.2019)
The Petitioner, himself a lawyer, would seek quashment of the appointment of Respondent No. 3 on the post of Deputy Advocate General by issuance of wr.....
Tags : Appointment, Legality, Writ, Issuance
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Existence of a sufficient cause for permitting Defendant to file written statement is imperative for granting extension of time(10.10.2019)
Present petition under Article 227 of Constitution of India, 1950 takes exception to an order passed by the learned Judge, whereby the learned Judge a.....
Tags : Written statement, Filing of, Delay
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Written statement is not liable to be struck off the record, if sufficient cause is shown for delay(20.03.2020)
Present is an application filed by the Plaintiffs under Order VIII Rule 1 of the Code of Civil Procedure, 1908 [CPC] for a direction that, the written.....
Tags : Written statement, Filing, Delay
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Cancellation of the written examination by the Selection Committee is an administrative decision and the Court should not ordinarily interfere(13.10.2020)
Petitioners have approached this Court praying to declare cancellation of entire selection for the post of Forest Guard in the absence of any material.....
Tags : Written examination, Cancellation, Legality
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When a statutory form is created by law for redressal of grievance, a writ petition cannot be entertained ignoring the statutory dispensation(01.01.2021)
The instant petition has been filed for the issuance of a writ in the nature of mandamus under Article 226 of the Constitution of India, 1950 directin.....
Tags : Writ petition, Maintainability, Alternative remedy
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Consumer fora has no jurisdiction to accept the written statement beyond the period of 45 days(11.02.2021)
The Petitioners have preferred the present special leave petition against the impugned order passed by the National Consumer Disputes Redressal Commis.....
Tags : Written statement, Delay, Condonation
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Extension of limitation will not be applicable in circumstances where the Defendant was not prevented from filing written statement(17.12.2021)
Present order will dispose of the application filed by the Defendants under Order VIII Rule 1 read with Section 151 of Code of Civil Procedure, 1908 (.....
Tags : Delay, Condonation, Written statement
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If borrower is aggrieved by any of the actions of the private bank, borrower has to avail the remedy under the SARFAESI Act and no writ petition is maintainable(12.01.2022)
The original Respondent - the Assets Reconstructing Company (ARC) has preferred the present appeals against the impugned order passed by the High Cour.....
Tags : Writ petition, Maintainability, Alternate remedy
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Writ petition filed under Article 227 of Constitution before High Court is maintainable against the National Commission's Appellate Order(13.05.2022)
The original Respondent before the High Court has preferred the present appeal against impugned interim order passed by the High Court, by which the l.....
Tags : Jurisdiction, Writ petition, Maintainability
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Writ Courts while exercising jurisdiction under Article 226 of Constitution can interfere in the decisions of the Disciplinary Committee, only if, the same are contrary to law.(20.11.2023)
The present writ petition has been filed under Article 226 of the Constitution of India for challenging the order passed by Paralympic Committee suspe.....
Tags : Writ jurisdiction, writ court, Paralympic Committee, Article 226 of Constitution
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Every allegation of fact in the plaint, if not denied in the written statement shall be taken to be admitted by the Defendant(04.03.2024)
The issue under consideration in the present appeal is regarding genuineness of the Will dated 9th October, 1984, which is a registered document, exec.....
Tags : Written statement, Specific admission, Admission
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Time limit for filing the written statement is only directory and not mandatoryin non- commercial suits(10.04.2024)
The present petition assails the impugned orders passed by Trial Courtwhereby the learned trial court did not take on record the written statement of .....
Tags : Written Statement, Time limit, Extension
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Disputes arising out of purely contractual obligations cannot be entertained by High Court in exercise of the extra ordinary writ jurisdiction(09.05.2024)
The brief controversy presented for adjudication in present appeals is whether the High Court in exercise of writ jurisdiction, was entitled to entert.....
Tags : Writ jurisdiction, Dispute, Contractual obligation
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Commercial matters to not be kept lingering in no-contest(07.09.2015)
The Delhi High Court allowed a trade mark suit in favour of international food chain, ‘Burger King’ despite the Defendant’s non-cooperation. Arising f.....
Tags : Trade mark, summons, written statement, ex parte
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Wakf Tribunal Cannot Assume Supervisory Jurisdiction Over Wakf Boards(15.06.2018)
By way of this appeal, appellant has challenged the judgment and/or order passed by learned Single Judge of this High Court whereby the learned Judge .....
Tags : Wakf, Writ, Property, High Court
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