writ petition Archives

Whether a petition can be entertained applying principle of Forum Conveniens? Jharkhand High Court answers

Jharkhand High Court: Rajesh Shankar, J., while dismissing the present writ petition primarily for want of territorial jurisdiction held that even if

Case Briefs High Courts

Whether a petition can be entertain applying principle of Forum Conveniens? Jharkhand High Court answers

Jharkhand High Court: Rajesh Shankar, J., while dismissing the present writ petition primarily for want of territorial jurisdiction held that even if

Case Briefs High Courts

Whether writ petition on cancellation of GST Registration affecting the Right to Livelihood is maintainable? Uttaranchal High Court answers

Uttaranchal High Court: The division bench of Sanjaya Kumar Mishra, acting C.J., Ramesh Chandra Khulbe, J., held in the writ petition is

Case Briefs High Courts

High Court cannot be an expert body for the purpose of forming an opinion on equivalence of degrees; Madras High Court upheld the Government Order

Madras High Court: S. M Subramaniam, J. upheld the government order that stated, the Degree of B.Sc (Biochemistry) awarded by

Case Briefs High Courts

Karnataka High Court grants compensation to a law student who was arrested and handcuffed

Karnataka High Court (Dharwad Bench): Suraj Govindaraj, J. while deciding a matter regarding handcuffing of an accused during arrest, held that “handcuffing

Cases Reported SCC Weekly

2022 SCC Vol. 5 Part 2

Civil Procedure Code, 1908 — Or. 41 Rr. 4 & 33, Ss. 96, 100 and Or. 20 R. 18 — Partition suit

Case Briefs High Courts

MP HC │ Not obligatory for the Court to entertain writ petition when efficacious alternative remedy is available

Madhya Pradesh High Court: The Division Bench of Sujoy Paul and Prakash Chandra Gupta, JJ., disposed of a petition reserving liberty to

Case Briefs High Courts

Raj HC | Writ Petition not maintainable due to having an alternative and efficacious remedy under S. 17 of the SARFAESI Act

Rajasthan High Court: Mahendar Kumar Goyal, J. dismissed the writ petition in view of availability of alternative remedy to the petitioners under

Case Briefs High Courts

Kar HC issues general directions in matters relating to compromise before the Lok Adalat which are challenged by way of writ petitions

Karnataka High Court: Suraj Govindaraj, J., allowed the petition and quashed the compromise decree in the original suit filed before Principal Senior

Case Briefs Supreme Court

In absence of any settlement, Lok Adalat can’t enter into merits of writ petition and dismiss it on merits: Supreme Court

Supreme Court: In a case where the members of the Lok Adalat, Madhya Pradesh High Court had entered into the merits of

Case Briefs High Courts

Tri HC | Factual issue in absence of any material produced not acceptable; Court dismisses appeal

Tripura High Court: Akil Kureshi, CJ., dismissed a petition which was filed challenging an order passed by the disciplinary authority imposing punishment

Case Briefs High Courts

Jhar HC | Practice of filing a writ petition Art. 226 of the Constitution of India because a person has a grievance that his FIR has not been registered by the police must be discouraged

Jharkhand High Court: Sanjay Kumar Dwivedi, J. dismissed the petition being devoid of merits. The instant writ petition under Article 226 of

Case Briefs Supreme Court

When can High Court entertain a writ petition, notwithstanding the availability of an alternative remedy? Supreme Court explains

“The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case.”

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 High Courts

Ker HC | “A teacher is not expected to file frivolous writ petition, motivated by personal animosity”; HC dismisses petition

Kerala High Court: V.G. Arun, J., dismissed the instant petition filed for seeking direction to the Police to conduct an investigation into

Case Briefs High Courts

Cal HC | Can a registered society file a writ petition on behalf of a group of people including those who are not members of the society? HC discusses while upholding shifting of market site in view of COVID-19

Calcutta High Court: Sabyasachi Bhattacharyya, J., dismissed a writ petition which, inter alia, sought to challenge the shifting of Sheoraphuli Market following

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 High Courts

Ker HC | Even if the Bank is a public sector bank, writ petition under Art. 226 is not maintainable if act in question is not one involving any element of public duty

Kerala High Court: P.V. Asha, J. allowed the writ petition questioning status of IDBI Bank as “State” under Article 12 of the

Case Briefs High Courts

Gau HC | Justice must not only be done, but must be seen to be done; Court directs requisite authority to at least consider application for compassionate appointment irrespective of the delay

Gauhati High Court: Achintya Malla Burjor Barua, J., while allowing a Writ Petition, issues direction to the Director-General of Police (DGP), Assam

Case Briefs High Courts

P&H HC | Court declines to entertain writ petition, directs petitioner to seek alternate remedy available under the Agreement

Punjab and Haryana High Court: The Division Bench of Dr S. Muralidhar and Avneesh Jhingan, JJ., dismissed the instant petition upon discovery