writ of certiorari Archives

Supreme Court Ruling on the Principles governing issuance of Writ of Certiorari: All you need to know

“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.

Case Briefs High Courts

Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict

The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.

Case Briefs High Courts

All HC | Can Executing Court’s order for enforcement of arbitral award be challenged under Art. 226? HC decides

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that, Section 36 of the 1996 Act makes the arbitral award capable of

Case Briefs High Courts

Utt HC | Rule 8 of Government Servants Dying in Harness Rules, 1974 does not include age as a factor of appointment; Court explains while allowing petition

Uttaranchal High Court: Lok Pal Singh, J., allowed a writ petition which was filed seeking for a writ of certiorari to quash

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

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 | No coercive action during investigation against rape-accused where prima facie consent of complainant found

Uttaranchal High Court: Alok Kumar Verma, J., allowed a petition filed under Article 226 of the Constitution of India challenging the impugned

Case Briefs High Courts

Madras HC | S. 142(2) of Negotiable Instruments Amendment Act, 2015 — not ultra vires of Art. 14 of Constitution; Legislation can take away the basis of a Judgment

Madras High Court: A Division Bench of A.P. Sahi, CJ and Subramonium Prasad, J., while deciding a petition filed in regard to

Case Briefs High Courts

Pat HC | Principles of natural justice could not be put in a straight jacket formula so as to defeat the larger public interest

Patna High Court: Rajeev Ranjan Prasad, J. dismissed the writ application on the grounds that the settled proposition of law was that

Case Briefs High Courts

Kar HC | Rape victim denied compensation in light of turning hostile during trial

Karnataka High Court: Alok Aradhe, J. dismissed a petition filed under Articles 226 and 227 of the Constitution of India with respect

Case Briefs Foreign Courts

SL CoA | Decision of Inspector General of Police held within the powers vested in him; dismissal of petitioner on grounds of misconduct upheld

Court of Appeal of Sri Lanka: Application under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka was

Case Briefs High Courts

Kar HC | Karnataka Badminton Association directed to supply information as to whether it is a “Public Authority” under Right to Information Act

Karnataka High Court: Alok Aradhe, J. while disposing of this petition granted the petitioner the liberty to assail the order by which

Case Briefs High Courts

Utt HC | Error of law can be corrected by a writ but not an error of fact; held, the jurisdiction to issue a writ of certiorari is supervisory and not appellate

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, C.J. and Alok Kumar Verma, J. entertained a writ petition which was initially

Case Briefs High Courts

Ori HC | No ambit of writ of certiorari under Article 226 when there is neither procedural irregularity in conducting inquiry nor violation of natural justice

Orissa High Court: A Division Bench of S.K. Mishra and Dr A.K. Mishra, JJ., dismissed the writ petition against the judgment declining

Case Briefs High Courts

Utt HC | Before deciding to de-seal a closed unit, Environment Protection Board must satisfy itself that petitioner complied with necessary norms

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ. and N.S. Dhanik, J. entertained a petition seeking a writ of certiorari