writ jurisdiction Archives

No absolute bar on writ jurisdiction of High Courts in promissory estoppel disputes between State and its instrumentalities: J&K and Ladakh HC

The case revolved around a special package sanctioned by the Govt. of India for the revival of infrastructural projects which were affected severely due to rise of militancy in Jammu and Kashmir in the 1990s.

Case Briefs High Courts

“Disputes requiring both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction”: Karnataka HC reiterates

“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.

Case Briefs High Courts

Delhi High Court| Air India not ‘State’ under Article 12 after privatization; Employees of Air India Limited no longer fall within the domain of ‘public employment’

Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.

Case Briefs High Courts

Writ jurisdiction cannot be invoked to avoid contractual obligations or to modify the contract: Delhi High Court upholds Single Judge’s decision

The writ court should not exercise its powers under Article 226 of the Constitution which will obstruct contractual rights between the parties.

Case Briefs Supreme Court

Mere availability of an alternative remedy of appeal or revision would not oust High Court’s jurisdiction and render a writ petition “not maintainable”: Supreme Court

The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.

Case Briefs Supreme Court

Explained| Is there an absolute bar on judicial review of State’s ‘arbitrary’ action in matters arising from non-statutory contracts?

Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a

Case Briefs High Courts

Patna High Court directs the Chancellor, Universities of Bihar to consider and decide issues pertaining to illegal appointments of Vice-Chancellors

Patna High Court: In a writ petition filed for the quashing of the illegal appointments of Vice-Chancellors, Pro Vice Chancellors and other

Case Briefs Supreme Court

Employees cannot invoke writ jurisdiction against private educational institution for disputes relating to ordinary contract of service: Supreme Court

“Individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a writ petition under Article 226.”

Case Briefs Supreme Court

Explained| Civil Court versus Writ Court: Breaking down the scope of jurisdiction in execution/registration of documents matters

Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian*, JJ has lucidly explained the law on the jurisdiction in case of

Case Briefs High Courts

Himachal Pradesh High Court | Lack of immediate remedy under Arbitration Act not a ground to challenge an arbitral order passed on miscellaneous application before High Court

Himachal Pradesh High Court: In the case where it was argued before the Court that the Arbitration and Conciliation Act, 1996 (for

Case Briefs High Courts

Whether merely writing letters or making representations would give a sufficient cause or ground to a party to seek condonation of delay? Del HC answers

Delhi High Court: Stating that mere writing of a letter of representation cannot furnish an adequate explanation for the delay, Jyoti Singh,

Case Briefs Supreme Court

Interference with Government Tenders makes the State and its citizens suffer twice. Courts should refrain from staying Government tenders even in case of total arbitrariness: SC

Supreme Court: Explaining the scope of interference in matters relating to Government contracts and tenders, the bench of Hemant Gupta* and V.

Case Briefs High Courts

Chh HC | If the party is able to make out an exceptional case and the court finds irretrievable injustice would occur if writ jurisdiction is not invoked, High Courts do have the power to entertain the writ petition

Chhattisgarh High Court: Sam Koshy J. partly allowed the petition and partly disposed of the petition expressing no opinion on the termination

Case Briefs Supreme Court

P&H HC directs State to provide sports quota of 3% in Government Medical/Dental Colleges instead of 1% provided in policy decision. Such mandamus impermissible, holds SC

Supreme Court: Explaining the scope of writ jurisdiction, the bench of MR Shah* and BV Nagarathna, JJ has held that the State

Case Briefs High Courts

Sikk HC | Exercise of Writ Jurisdiction by the High Court when an efficacious, alternative remedy is available: a self imposed limitation

Sikkim High Court: Meenakshi Madan Rai, J., decided on a petition wherein the petitioner body established under the Sikkim Municipalities Act, 2007,

Experts Corner Shardul Amarchand Mangaldas

Writ Jurisdiction and Arbitration — A Balancing Act

by Ajit Warrier†, Arundhati Srivastava†† and Sajal Mendiratta†††

Cite as: 2021 SCC OnLine Blog Exp 63

Case Briefs High Courts

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Telangana High Court: P. Naveen Rao J., while dismissing the present petition, reiterated that the scope of interference under Article 226 is

Case Briefs High Courts

HP HC | Court in exercise of its writ jurisdiction can interfere in the matters relating to election only if it subserves the progress of election and facilitates the completion thereof; petition dismissed

Himachal Pradesh High Court: Tarlok Singh Chauhan, J., while dismissing the present petition on lack of merits, said, “… election process has

Case Briefs Supreme Court

Read why Supreme Court refused to interfere with Chanda Kochhar’s termination as ICICI’s MD, CEO

Supreme Court: The 3-judge bench of Sanjay Kishan Kaul, DInesh Maheshwari and Hrishikesh Roy, JJ has refused to interfere with the termination

Case Briefs High Courts

Kar HC | Whether delay and latches be put against a person who approaches the Writ Court under Article 226 of the Constitution? HC determines

Karnataka High Court: S. G. Pandit J., rejected the petition on the ground of delay and latches. The facts of the case