Writ Jurisdiction and Arbitral Autonomy: Striking the Right Balance in India’s Arbitration Landscape
by Vasanth Rajasekaran* and Harshvardhan Korada**
Article 226 of Constitution
Army Welfare Education Society not “State”; Service dispute between its educational institution & employees cannot be adjudicated in writ petition: Supreme Court
“Legitimate expectation, jurisprudentially, was a device created to maintain a check on arbitrariness in state action. It does not extend to and cannot govern the operation of contracts between private parties, wherein the doctrine of promissory estoppel holds the field.”
Kshetriya Shri Gandhi Ashram not State under Art. 12 of Constitution: Allahabad High Court
“Kshetriya Shri Gandhi Ashram is a regional body. Its parent body is the Shri Gandhi Ashram, Lucknow. There is no statute regulating the functioning of society or providing the State and its Officers with control over their affairs.”
Madras High Court appoints wife as guardian for person as well as properties of husband in coma; Allows her to sell property for his treatment
Madras High Court was satisfied that the family is without any means and that unless the property is allowed to be dealt with, great hardship will be caused to them.
Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC
“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”
‘Judicial Officers are expected to maintain high level of integrity’: Madras HC refused to interfere with punishment given to Judge held for engaging in conference call with accused in Sankararaman murder case
“High standard of proof is essential to convict an accused in a criminal trial. However, no such strict proof is required for punishing a public servant under the Discipline and Appeal Rules”.
Read why Madras HC exercised its extraordinary jurisdiction to quash a sexual abuse case
It is not necessary for a criminal trial to go on just to dabble with an incident involving sexual abuse without identifying an accused. If this is allowed, the victim will be embarrassed and vilified, and the so-called accused person will go scot-free, since he has not been identified by anyone in this case.
Whether bar on review of decision by any Court under S.17 of UP Lokayukta and Up-Lokayuktas Act applies to High Court? Allahabad HC answers
Allahabad High Court opined that the reasoning of the order dated 05-11-2019, that there is no ‘cutting’ or ‘overwriting’ in the petitioner’s service book, does not close all avenues of inquiry.
‘Temporary employee should be replaced by a regular employee and not another temporary employee’; Kerala High Court reiterates
Going along with the contention that a temporary employee shall be replaced only by a regular employee and not another temporary employee, the Division Bench of Kerala High Court refused to interfere with the discretionary orders by Single Judge directing the University to continue with engagement of sweeper-cum-cleaners on a daily wage basis.
Section 16 G (3) of U.P. Intermediate Education Act not applicable to the teachers employed in private minority institutions; Allahabad High Court reiterates
U.P. Intermediate Education Act is not applicable to the teachers employed in private minority institutions. Thus, the teachers do not have the right to invoke the powers of the High Court, under Article 226.
Gau HC | HC has no jurisdiction under Art. 226 to transfer proceedings pending before one Foreigners’ Tribunal to another Foreigners’ Tribunal
Gauhati High Court: A Division Bench of Manojit Bhuyan and Manish Choudhury, JJ. dismissed a writ petition seeking transfer of proceedings from
Ker HC | Court exercising jurisdiction under Article 226 of Constitution must keep away from academic matters
Kerala High Court: The Bench of P.V. Asha, J. dismissed a civil writ petition filed by an Assistant Professor holding that Court