12 August 2024

Search Results for Tag : Writ Jurisdiction

Judgments

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

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

News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Copyright © 2024 - All Rights Reserved