Judicial Review Archives

Madras HC | Is writ petition maintainable against Asset Reconstruction Co. which is assigned debts by nationalised banks? Is there element of public duty and obligation to follow RBI Circulars? HC decides

Madras High Court: V. Parthiban, J., expressed that plea of public interest in a private loan transaction is only a mask to

Case Briefs Supreme Court

“Objective of Milk Federations is not to give employment but increase milk production”; SC reverses HC order favouring employees in a revised pay scale dispute

Supreme Court: The Division Bench comprising of Sanjay Kishan Kaul and Hemant Gupta*, JJ., overruled the decision of Punjab & Haryana High

Case Briefs High Courts

Jha HC | Jharkhand Public Service Commission is a constitutional body, but its actions and decisions are not immune from judicial review

Jharkhand High Court: Sanjay Kumar Dwivedi, J., allowed the writ petitions and held the merit list prepared by the JPSC as illegal,

Case Briefs Supreme Court

Judicial review or judicial restraint? Supreme Court explains where the virtue itself turns into vice

Supreme Court: The Division Bench comprising of Rohinton Fali Nariman* and B.R. Gavai, JJ., addressed the issue of overstepping of review jurisdiction

Case Briefs High Courts

Bom HC | Is Navi Mumbai Municipal Corporation entitled in law to impose pre-qualification criteria “contractors whose contract was terminated for unsatisfactory services are ineligible to participate in tender”? Judicial Review, Blacklisting & more. Read on

“Government must have freedom of contract.”

Case Briefs High Courts

Ori HC | Power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest or to decide contractual disputes

Orissa High Court: B.P. Routray J. dismissed the petition on the ground that cancellation of the tender cannot be said to have

Case Briefs High Courts

HP HC | Whether a dispute relating to an election of a local body maintainable before High Court under Art. 226 of Constitution of India? HC explains in light of settled position of law

Himachal Pradesh High Court: Jyotsna Rewal Dua J., dismissed the petition being non-maintainable. The petitioner by way of this instant petition has

Case Briefs High Courts

P&H HC | “It’s a matter of recruitment policy”; HC denies adjudicating question of equivalence of qualifications, directs State to determine

Punjab and Haryana High Court: In an interesting case Anil Kshetarpal, J., addressed the question of equivalence of qualifications for the purpose

Case Briefs High Courts

Del HC | Grant of study leave to a Doctor: Can a Court in exercise of its ‘Judicial Review’ sit as an Appellate Authority over the administrative decision? Read on

Delhi High Court: V. Kameswar Rao, J., while addressing an issue wherein a doctor sought for a study leave for pursuing MD/MS

Op Eds OP. ED.

Judicial Review over Speaker’s Inaction under the Tenth Schedule – Has the Controversy been Put to Rest

by Akshit Sachdeva*

Case Briefs High Courts

Pat HC | Entire examination process of Bihar Public Service Commission does not deserve to be derailed only because some candidates perceive injustice have been caused to them by an erroneous question or an erroneous answer

Patna High Court: The Division Bench of Shivaji Pandey and Partha Sarthy, JJ., addressed the demand of Bihar Public Service Commission to

Case Briefs High Courts

Jhar HC | [Interference under Art. 226] A writ of certiorari can be issued only in exercise of supervisory jurisdiction which is different from appellate jurisdiction; HC reiterates

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ. and Sujit Narayan Prasad, J. while dismissing the present appeal, relied

Case Briefs High Courts

[Flashback] Can Polygamy be an integral part of any religion? Read Allahabad HC’s decision on finding a Government Servant being guilty of ‘Bigamy’

Allahabad High Court: Sudhir Agarwal, J., found a government servant to be guilty of the offence of bigamy. The instant petition was filed

Case Briefs High Courts

HP HC | [Policy and Education] Opening of a Government College is a policy decision of the Government permitting limited scope of judicial review

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while vacating the interim order to

Case Briefs High Courts

Pat HC | Court while exercising jurisdiction of judicial review, cannot examine sufficiency of reasons for satisfaction of competent authority in initiating disciplinary proceedings against delinquent employees

Patna High Court: In a petition filed under Article 226 of the Constitution for issuance of a writ of certiorari, Birendra Kumar,

Case Briefs High Courts

Utt HC | While exercising its powers of judicial review of any administrative action, Courts cannot interfere with administrative decision unless it suffers from vice of illegality, irrationality or procedural impropriety

Uttaranchal High Court: Lok Pal Singh, J., dismissed a petition which was filed aggrieved by the cancellation of selection process of the

Case Briefs Supreme Court

Can strict rules of evidence be applied to disciplinary proceedings? Here’s what SC says

Supreme Court: The 3-judge bench of NV Ramana, SA Nazeer and Surya Kant, JJ has elaborately discussed the power of the Disciplinary

Case Briefs High Courts

J&K HC | Mere reproduction of police dossier in detention order cannot justify judicial application of mind and is reflective of callous attitude of authorities

Jammu and Kashmir High Court: Puneet Gupta, J. dismissed the writ petition and set aside the detention order on the grounds that

Case Briefs High Courts

Ori HC | Judicial review of administrative actions to be done only if it suffers from vice of illegality, Irrationality or Procedural Impropriety

Arunima Bose, Editorial Assistant has put this story together

Case Briefs High Courts

Ker HC | Citing ‘limited scope of judicial review in scheduling of examinations’, HC declines to put a stay on examinations to be conducted by Kerala University and Kerala Law Academy

Kerala High Court: While deciding the instant petitions seeking directions for the Kerala University to postpone the examinations scheduled on 1-7-2020, C.S.