writ petition Archives

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

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

Case Briefs High Courts

Bom HC | ICICI Bank Ltd. — Petition challenging Chanda Kochhar’s termination order not maintainable; A Writ would not lie to enforce purely private law rights

Bombay High Court: A Division Bench of M.S. Karnik and Nitin Jamdar, JJ., addressed the petition filed by ex-MD of ICICI Bank Limited

Case Briefs High Courts

Ori HC | Writ petition not maintainable if petitioner has approached court with unclean hands or has suppressed material facts

Orissa High Court: A Division Bench of S. Panda, ACJ and S.K. Sahoo, J. did not entertain the writ petition because the

Case Briefs High Courts

Chh HC | Prospective accused is neither necessary nor a proper party in a writ petition seeking direction for registration of FIR and investigation into cognizable offence

Chhattisgarh High Court: A Full Bench of Prashant Kumar Mishra, Rajendra Chandra Singh Samant and Gautam Chourdiya, JJ., has held that the prospective

Case Briefs High Courts

Raj HC | Persons employed on contractual basis cannot claim regularisation as a matter of right through a writ petition

Rajasthan High Court: Arun Bhansali, J. dismissed this Writ Petition by the petitioners for restraining the respondents to terminate their services that

Case Briefs High Courts

Raj HC | Writ Petition not maintainable against S. 14 of SARFAESI Act as alternative remedies for the same can be availed

Rajasthan High Court: Ashok Kumar Gaur, J. was hearing a petition on the issue pertaining to taking possession of the mortgaged property

Case Briefs High Courts

MP HC | Incorrect to state that right to hold property is a fundamental right; writ petition against a private individual not maintainable

Madhya Pradesh High Court: G.S. Ahluwalia, J. dismissed a writ petition filed by the petitioners claiming that the Additional Director General of

Case Briefs High Courts

J&K HC | Disputed facts render writ petition unmaintainable; Writ Petition challenging house arrest of Farooq Abdullah dismissed

Jammu and Kashmir High Court: Dismissing a writ petition filed by the kin of former Chief Minister Farooq Abdullah, a bench comprising

Case Briefs High Courts

Del HC | Writ petition filed by Officer of Indian Army for quashing FIR held not maintainable as substantial part of alleged offence occurred in Nagaland

Delhi High Court: Vibhu Bakhru, J. dismissed a writ petition filed by a serving officer of the Indian Army seeking to quash an

Case Briefs High Courts

Guj HC | Writ petition filed on the lines of SC order prohibiting plying of 15 year old petrol and 10 year old diesel vehicles in NCR

Gujarat High Court: A Division Bench of Anant S. Dave, ACJ. and Biren Vaishnav, J. disposed of a writ petition without going