extraordinary writ jurisdiction Archives

Inside the Kerala HC missing rifleman case: CBI probe ordered after 14 years

Kerala High Court directed transfer of the investigation relating to the disappearance of a rifleman of the Tripura State Rifles to CBI, holding that the prolonged lapse of time could not be a ground to deny an investigation where the father had been relentlessly pursuing the matter for over 14 years and the circumstances warranted exercise of extraordinary jurisdiction.

Case Briefs High Courts

Bombay HC: Extraordinary jurisdiction can be invoked to order stamp duty refund on unexecuted agreement despite Section 48 limitation under Maharashtra Stamp Act

“The stamp duty is not a transaction tax, but a duty payable on an instrument, which must be executed to be chargeable.”

Case Briefs High Courts

Extraordinary writ jurisdiction is to be exercised only in rare cases or certain contingencies in the interest of justice, including exceptional cases: Del HC

Delhi High Court: Chandra Dhari Singh, J., expressed that it is settled law that the power to issue writ has its own

Case Briefs High Courts

Cal HC | Public remedy by way of invocation of extraordinary writ jurisdiction in a contractual matter, requires presence of a public element therein

Calcutta High Court: A Division Bench of Abhijit Gangopadhyay and Joymalya Bagchi, JJ. dismissed an appeal filed against order dismissing a petition

Case Briefs High Courts

Pat HC | Court exercising extraordinary writ jurisdiction cannot issue direction for arrest of a person only because he is named in the FIR

Patna High Court: The Bench of Ashwani Kumar Singh, J. dismissed a petition praying for the arrest of a few persons named