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
writ petition
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
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
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
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
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
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
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.”
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;.”
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
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
‘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.”
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
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
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
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
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
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
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
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