maintainability Archives | Page 2 of 2

Bombay High Court | Writ Petitions against Air India by its employees cease to be maintainable after privatization

Bombay High Court: In total 4 writ petitions were filed against Air India Ltd./AIL (‘respondent’) by the AIL employees (‘petitioners’),

Case Briefs High Courts

Delhi High Court: Amendment application being rejected as ‘belated’ does not constitute interim award susceptible to challenge under S 34 Arbitration & Conciliation Act, 1996

Delhi High Court: In a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, (‘A&C Act') challenging

OP. ED.SCC Journal Section Archives

Maintainability Before Merit: The Prerequisite in States’ Suits Against the Union Under Article 131

by Rahul Agarwal† and Madhav Goel††

Case Briefs High Courts

Orissa HC decides on maintainability of writ of habeas corpus vis-à-vis custody of minor child

Orissa High Court: A Division Bench of SK Sahoo and M S Raman, JJ. disposed of the petition leaving the petitioner with

Case Briefs High Courts

Ori HC | It is not mandatory for Central Government to make a reference of a dispute which is of national importance to a National Tribunal in view of S. 7-B r/w S 10 (1-A) ID Act

Rajasthan High Court: A Division Bench of S. Muralidhar, CJ and R.K. Pattanaik J. dismissed the petition and upheld the judgment by

Case Briefs High Courts

[ID Act] Kar HC | Labour Court has no jurisdiction to first decide the workmen’s entitlement and then proceed to compute the benefit so adjudicated; Labour Court’s power like that of the Executing Court’s power

Karnataka High Court: K.S. Mudagal, J., allowed the petition and set aside the impugned award awarding compensation as well as the silver

Case Briefs Supreme Court

Not open to approach M.P. Arbitration Tribunal in reference when the very same claim is already decided by Arbitrator appointed by High Court: Supreme Court

Supreme Court: The Division Bench of M. R. Shah* and B.V. Nagarathna, JJ., held that where the Arbitrator appointed by the High

Case Briefs Supreme Court

Explained: Rule of alternate remedy and maintainability of writ petitions under Article 226 of the Constitution

“An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law;.”

Case Briefs Supreme Court

‘Unfavorable earlier order by a judge not a ground for recusal’; SC rejects plea for Justice Chandrachud’s recusal in an application seeking recall of an unfavorable order

“A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice.”

Case Briefs Supreme Court

Is SLP against an order rejecting the review petition maintainable when main judgment is not under challenge? SC answers

Supreme Court: The 3-judge bench Ashok Bhushan, R. Subhash Reddy and MR Shah has reiterated that when the main judgment of the

Case Briefs High Courts

Ker HC | When can an encumbrance be lifted from an immovable property under S. 57 of the Transfer of Property Act? [Exhaustive Brief]

A very efficacious, substantive and procedural mechanism to facilitate the realisation of deserving and intrinsic value of encumbered estates and other immovable

Case Briefs High Courts

Del HC | “No exception to remedy against orders of custody under Domestic Violence Act”: Court dismisses S. 482 CrPC petition in view of S. 29 DV Act

Delhi High Court: Jyoti Singh, J., while addressing the maintainability and legality of a petition filed under Section 482 of Criminal Procedure Code,

Case Briefs High Courts

Del HC | Remedy regarding service matters for members of All India Services lies only with CAT: Court while dismissing writ petition

Delhi High Court: Jyoti Singh, J., refused to entertain a writ petition filed by a member of All India Services holding that the

Case Briefs High Courts

Jhar HC | Writ Petition not maintainable where multiple forums for redressal of the consumers grievance is constituted for adjudication of electricity dispute

Jharkhand High Court: Rajesh Shankar, J. dismissed the petition on grounds of maintainability. The present writ petition was filed for following reasons: to

Hot Off The Press News

SC refuses to entertain plea filed by 3 law students seeking SIT probe into death of a public servant

Supreme Court: A 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Aniruddha Bose, JJ has refused to entertain a PIL

Op Eds OP. ED.

Decree of Divorce Granted by a Foreign Court and its Maintainability in India: A Critical Analysis

by Manoj Swarup †

Case Briefs High Courts

Order closing right to lead evidence not “judgment”; no right to appeal thereagainst under Section 10 (1) Delhi HC Act, 1966: Delhi HC

Delhi High Court: A Division Bench comprising of Rajendra Menon, CJ. and V. Kameshwar Rao, J. dismissed an appeal against the order of

Case Briefs High Courts

Writ Petition under Article 226 not maintainable if lower forums or authorities have not been approached first

Karnataka High Court: In the petition dealing with relief sought against some public bodies and private parties in Bengaluru under Articles 226

Case Briefs Supreme Court

Letters patent appeal against the judgment of the Single Judge in an international arbitration matter is maintainable before the Division Bench

Supreme Court: Deciding the question as to whether an appeal against the judgment of the Single Judge in an international arbitration matter