Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum
10 months, 2 weeks ago

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum

Live Law  

The Orrisa High Court single bench of Justice Aditya Kumar Mohapatra dismissed a writ petition against private companies based on the reason that private companies do not classify as the State, as defined under Article 12 of the Indian Constitution. Brief Facts: All Odisha Bharati Infratel Contractual Technicians Union filed a writ petition before the High Court of Odisha, representing a group of employees. Observations by the High Court: The High Court held that a private company does not fall under the classification of the State as defined under Article 12 of the Constitution of India. However, in acknowledgement of the Petitioner's right to seek redressal for their grievances, the High Court extended the liberty to the Petitioner to pursue alternative avenues for addressing their concerns by approaching any other appropriate forum.

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History of this topic

Writ Petition Is Not Maintainable When Effective And Efficacious Remedy In Form Of Arbitration Is Available: Calcutta High Court
3 days, 12 hours ago

Writ Petition Is Not Maintainable When Effective And Efficacious Remedy In Form Of Arbitration Is Available: Calcutta High Court

Live Law  

The Calcutta High Court Bench of Chief Justice T.S. It said that the High Court would normally exercise its jurisdiction in 3 contingencies namely when the writ petition was filed for enforcement of any fundamental rights, where there has been violation of principle of natural justice, or where the order or proceedings are wholly without jurisdiction or where the vires …

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC
1 month, 3 weeks ago

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC

Live Law  

The Allahabad High Court has held that writ jurisdiction cannot be invoked to enter contractual unless exceptional circumstances are present, which include respondents agreeing to the outstanding dues. The petitioner approached the High Court under Article 226 of the Constitution of India, seeking payment of the dues on the grounds that financial constraints cannot be grounds to deny payment for …

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court
1 month, 3 weeks ago

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

Live Law  

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. The service conditions of an employee is governed by the Service rules and violation of service rules would not come within the purview of violation of discharge of public functions and, therefore, …

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court
2 months, 3 weeks ago

Employers Not Outsiders But Stakeholders, Must Be Heard While Fixing/Revising Minimum Wage Of Employees: Karnataka High Court

Live Law  

The Karnataka High Court has said that while fixing or revising the Minimum Wages to be paid to employees, employers which is a stakeholder and which will be affected in the exercise, should have their say and the stand before the notification is passed by the Government. A division bench of Chief Justice N V Anjaria and Justice K V …

Odisha High Court slaps Rs 50,000 fine on firm for suppressing facts
5 months, 3 weeks ago

Odisha High Court slaps Rs 50,000 fine on firm for suppressing facts

New Indian Express  

CUTTACK: The Orissa High Court has imposed a Rs 50,000 fine on a security service firm for filing a petition seeking intervention against Pattamundai municipality’s order terminating contract for providing service of sanitation in different wards without mentioning an earlier petition wherein, he had obtained an interim order. The petition filed by Chandan Security Services represented by Paresh Nath Das …

Madras High Court: Every Claim Of Operational Creditors Includes Right To Their Property Under Article 300A Of The Constitution
9 months, 1 week ago

Madras High Court: Every Claim Of Operational Creditors Includes Right To Their Property Under Article 300A Of The Constitution

Live Law  

The Madras High Court comprising of Justice N. Seshasayee held that every claim by operational creditors involves a right to their property under Article 300A of the Constitution of India. Observations by the High Court: The Madras High Court dismissed the writ petition and highlighted a key point that every claim by operational creditors involves a right to their property …

Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024
9 months, 1 week ago

Labour & Service Weekly Roundup: 03rd June 2024 To 09th June 2024

Live Law  

Delhi High Court Not Allowing Representation By A Defence Assistant Is Violative Of Principles Of Natural Justice: Delhi High Court Case Name- Delhi Transport Corporation Vs Ram Avatar Sharma A single judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh in the case of Delhi Transport Corporation Vs Ram Avatar Sharma has held that a person …

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
10 months ago

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court

Live Law  

The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited would no longer be maintainable due to AIL's subsequent privatisation. The judgment orally pronounced by the Bench of Justices BR Gavai and Sandeep Mehta stated: “In wake of discussion made hereinabove, we do not find any reason to take a …

Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court
10 months, 1 week ago

Writ Challenging Termination Of Teaching Staff From Private Unaided Educational Institution Not Maintainable If Dispute Involves Private Contract Matters: Calcutta High Court

Live Law  

A single bench of the Calcutta High Court comprising of Justice Hiranmay Bhattacharyya while deciding a writ petition in the case of Rita Ghoshdastidar v. St. Joseph & Mary's School and Ors. has held that a writ petition challenging the termination of a teaching staff member from a private unaided educational institution is not maintainable if dispute primarily involves private …

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
10 months, 2 weeks ago

ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court

Live Law  

The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. Furthermore, the bench held that an application under Section 33C of the Industrial Disputes Act, 1947 in the Labour …

Will A Company Become State Instrumentality Under Article 12 If Its Shares Are Held By PSUs? Supreme Court To Consider
10 months, 2 weeks ago

Will A Company Become State Instrumentality Under Article 12 If Its Shares Are Held By PSUs? Supreme Court To Consider

Live Law  

The Supreme Court has agreed to examine the question whether a company in which the shares are held by various Public Sector Undertakings, would be an instrumentality of the State, under Article 12 of the Constitution.The issue arose in a petition filed by the Kerala Industrial and Technical Consultancy Organisation challenging a judgment of the Kerala High Court that KITCO …

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court
10 months, 3 weeks ago

Person At Managerial Or Supervisory Role Is Not 'Workman' Under ID Act, Karnataka High Court Sets Aside Relief Granted By Labour Court

Live Law  

The High Court of Karnataka single bench of Mrs Justice K.S Hemalekha held that persons carrying managerial and supervisory responsibilities do not fall within the scope of 'workman', as defined under Section 2 of the Industrial Disputes Act. The question before the labour court was whether she would be a 'workman' within the scope of Section 2 of the Industrial …

Calcutta High Court Directs Govt To Finalise Minimum Wage Of Tea Plantation Workers Within 6 Weeks, Calls It A Statutory & Legal Right
11 months ago

Calcutta High Court Directs Govt To Finalise Minimum Wage Of Tea Plantation Workers Within 6 Weeks, Calls It A Statutory & Legal Right

Live Law  

The Calcutta High Court's circuit bench at Jalpaiguri has directed the West Bengal government to finalise the minimum wage of tea plantation workers within 6 weeks, under the Minimum Wages Act, 1948.This comes after a coordinate bench had upheld the interim hike in wages for the workers and directed the state to finalise a minimum wage within 6 months. The …

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
11 months, 1 week ago

Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court

Live Law  

The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the …

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court
11 months, 2 weeks ago

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice K.S. The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
1 year, 1 month ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

No Fundamental Right To Do Business With State: High Court Dismisses Contractors' Plea Against Karnataka Govt's Call For Tenders Above ₹1 Crore
1 year, 3 months ago

No Fundamental Right To Do Business With State: High Court Dismisses Contractors' Plea Against Karnataka Govt's Call For Tenders Above ₹1 Crore

Live Law  

The Karnataka High Court has refused to interfere with the government's decision to issue tenders under the Amrutha Nagarothana Scheme, wherein various works are clubbed together and the value of each tender was allotted to be more than Rs.1 crore. No person can claim a fundamental right to carry on business with the Government.” The petitioners had claimed that they …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 5 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material
1 year, 11 months ago

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material

Live Law  

The Kerala High Court on Monday came down heavily upon the practice of filing writ petitions without any basis and thereby 'threatening the system into ridicule'. Justice Bechu Kurian Thomas while dismissing a plea alleging State's Top officials of influencing others to destroy petitioner's life, imposed a cost of Rs.25,000/- payable to the Kerala Legal Services Authority. The petitioner also …

High Courts have no territorial jurisdiction, rules Justice Lakshman
1 year, 11 months ago

High Courts have no territorial jurisdiction, rules Justice Lakshman

Deccan Chronicle  

Hyderabad: Justice K. Lakshman of the Telangana High Court held that the High Court of a state will have no territorial jurisdiction if no part of the action complained has occurred within its territorial jurisdiction. RR collector summoned in contempt case A two-judge bench of the Telangana High Court on Friday summoned the Ranga Reddy district collector, revenue divisional officer …

Does Privatisation Of Air India Make Writ Petitions Filed Against It Non-Maintainable? Supreme Court To Consider
2 years, 2 months ago

Does Privatisation Of Air India Make Writ Petitions Filed Against It Non-Maintainable? Supreme Court To Consider

Live Law  

The Supreme Court has issued notice in a Special Leave Petition filed by employees of Air India Limited against the judgment and order dated 20-09-2022 of the Bombay High Court which held that Writ Petitions are not maintainable against the airline because of the subsequent privatisation of Air India Limited.The Writ Petitions had arisen out of non-grant of timely wage …

Second Writ Petition Seeking To Enforce Order Made In An Earlier Writ Petition Is Maintainable: Orissa High Court Reiterates
2 years, 2 months ago

Second Writ Petition Seeking To Enforce Order Made In An Earlier Writ Petition Is Maintainable: Orissa High Court Reiterates

Live Law  

The Orissa High Court has reiterated that a second writ petition, which is filed seeking enforcement of order made in an earlier writ petition, is maintainable. While clarifying the position, the Single Judge Bench of Justice Arindam Sinha relied upon the decision of the Calcutta High Court in Indrapuri Studio v. State of West Bengal, 2003 Calcutta High Court Notes …

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court
2 years, 2 months ago

When A Private Entity Is Amenable To Writ Jurisdiction, Judicial Review Restricted To Public Functions: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in cases where a private body is amenable to writ jurisdiction, the powers of judicial review are confined to actions which have an element of public duty involved. Adjudicating upon the matter the bench took support from the Supreme Court judgement in BCCI vs. Cricket Association of Bihar and …

Alternate Remedy: Writ Petition Can Be Dismissed Even After Admission, Clarifies Chhattisgarh HC
2 years, 5 months ago

Alternate Remedy: Writ Petition Can Be Dismissed Even After Admission, Clarifies Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has made it clear that there is no such rule that a writ petition, once admitted, cannot be dismissed on the ground of availability of alternative remedy.A bench of Justices Arup Kumar Goswami and Deepak Kumar Tiwari observed "as a proposition of law it cannot be countenanced that once a writ petition is entertained and admitted, …

Writ Jurisdiction Can Be Exercised Only When Either The Person Or Authority To Which Writ Issued, Or Cause Of Action Is Within Its Territory: Delhi HC
2 years, 6 months ago

Writ Jurisdiction Can Be Exercised Only When Either The Person Or Authority To Which Writ Issued, Or Cause Of Action Is Within Its Territory: Delhi HC

Live Law  

The Delhi High Court has observed that it can exercise its power under Article 226 of the Constitution of India either when the person or authority to which the writ is to be issued is located within its territory, or the cause of action, in part or whole, arises within its territory. After the petitioner unsuccessfully appealed against the order …

Shareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High Court
2 years, 6 months ago

Shareholders Cannot Be Impleaded As Party In Adjudication Of Disputes Between Employers & Workmen: Kerala High Court

Live Law  

The Kerala High Court has made it clear that the shareholder of a company cannot be made an independent party in a dispute between the company and its workmen.The observation was made in connection with a dispute between Rubber Wood India Pvt Ltd and its workmen, whereby the Rubber Board, being a shareholder of the company, was arrayed as a …

Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court
2 years, 8 months ago

Writ Plea Alleging Violation Of Rights Conferred Under Industrial Settlement Maintainable U/Art 226 Only If Traceable To Common Law: Kerala High Court

Live Law  

The Kerala High Court on Thursday held that a writ petition in cases where an employee is effectively seeking the enforcement of rights conferred under an industrial settlement is not maintainable before a High Court if the rights in question can only be traced to the settlement and not to any common or civil law. A Division Bench of Justice …

Orissa High Court Disposes Pending Case Challenging Puri Jagannath Temple Corridor Project In View Of Supreme Court Decision
2 years, 8 months ago

Orissa High Court Disposes Pending Case Challenging Puri Jagannath Temple Corridor Project In View Of Supreme Court Decision

Live Law  

The Orissa High Court has disposed of the pending writ petition challenging Puri Shree Jagannath Temple Corridor Project, in view of the recent decision of the Apex Court in Ardhendu Kumar Das v. State of Odisha. Notably, in that case, the Supreme Court dismissed two petitions filed against some construction works undertaken by the Odisha Government in the adjacent area …

The Writ Not Maintainable Against An Order Of The Arbitrator Dismissing An Application For Interrogatories: Himachal Pradesh High Court
2 years, 8 months ago

The Writ Not Maintainable Against An Order Of The Arbitrator Dismissing An Application For Interrogatories: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has held that a writ petition would be non-maintainable against an order of the arbitrator dismissing the application for interrogatories. Observation By The Court The Court relied on the judgment of the Hon'ble Supreme Court in SBP & CO. v. Patel Engineering, Deep Industries v. ONGC and Bhaven Construction v. Sardar Sarovar Narmada Nigam Ltd. …

Claim Petition Without Verification, Writ Not Maintainable Against An Order Dismissal Of Claim : Gujarat High Court
2 years, 9 months ago

Claim Petition Without Verification, Writ Not Maintainable Against An Order Dismissal Of Claim : Gujarat High Court

Live Law  

The High Court of Gujarat has held that a writ petition would not be maintainable against an order of the arbitral tribunal whereby it has rejected the claim of a party on the ground that its pleadings were without verification and affidavit to that effect. The Court held that on a harmonious reading of Section 2 with provisions of Section …

Accused Can't Invoke High Court's Jurisdiction Under Art. 226 Or U/S 482 CrPC Through His Power Of Attorney: Karnataka High Court
2 years, 9 months ago

Accused Can't Invoke High Court's Jurisdiction Under Art. 226 Or U/S 482 CrPC Through His Power Of Attorney: Karnataka High Court

Live Law  

The Karnataka High Court has held that a power of attorney holder of an accused cannot maintain a petition be it under Article 226 or 227 of the Constitution of India read with Section 482 of the Cr.P.C. The bench said "I hold that the present petition filed by the power of attorney holder of the accused, without seeking any …

Order Of Administrative Tribunal Not Amenable To Judicial Review U/Art 226 In Absence Of Jurisdictional Error/ Patent Perversity: Andhra Pradesh HC
2 years, 10 months ago

Order Of Administrative Tribunal Not Amenable To Judicial Review U/Art 226 In Absence Of Jurisdictional Error/ Patent Perversity: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court recently did not issue Writ of Certiorari in a writ petition which challenged the order of Andhra Pradesh Administrative Tribunal as there was neither jurisdiction error nor patent perversity. The Tribunal in its order directed the petitioners to sanction and release the minimum time scale of pay attached to the regular post born on the …

Writ Petition Is Maintainable Against The Award Of The MSME Council Which Failed To Give A Hearing On Limitation : Orissa High Court
2 years, 11 months ago

Writ Petition Is Maintainable Against The Award Of The MSME Council Which Failed To Give A Hearing On Limitation : Orissa High Court

Live Law  

The High Court of Orissa has observed that a writ petition is maintainable against an award rendered by the MSME Council under S. 18 of the MSMED Act wherein the petitioner was not given a hearing on a material issue regarding the limitation of the substantive claims. The Single Bench of Justice Arindam Sinha has observed that in cases where …

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court
2 years, 11 months ago

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court

Live Law  

The Delhi High Court has adjudicated an issue as to whether a petitioner who has filed a civil suit claiming certain private rights is disentitled to file a writ petition seeking a direction to the Municipal Corporation to carry out its duty. Justice Sanjeev Sachdeva has observed that the power exercised by a High Court under Article 226 of the …

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court
2 years, 11 months ago

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently observed that High Court cannot issue writs under Article 226 of the Constitution challenging the orders of the Labour Court as it is a Civil Court and only supervisory jurisdiction under Article 227 can be exercised. hile challenging an award under the Industrial Disputes Act, 1947, the Labour Court exercises powers and jurisdiction of …

Writ Petition In Contractual Matters Maintainable If Work Payment Arbitrarily Withheld By State Or Its Instrumentality: Andhra Pradesh High Court
2 years, 11 months ago

Writ Petition In Contractual Matters Maintainable If Work Payment Arbitrarily Withheld By State Or Its Instrumentality: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently reiterated that a writ petition in contractual matters is maintainable if State or any instrumentality of the State acts arbitrarily by withholding the amount legitimately payable to the contracting party. The respondents had failed to pay the amount even after execution of work and therefore, the High Court could entertain the writ and direct …

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court
3 years ago

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

Live Law  

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet he …

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC
3 years, 6 months ago

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC

Live Law  

The Karnataka High Court recently observed that writ petition filed under Article 226 of the Constitution of India by a Gram Panchayat in furtherance of its objective of protection of a public property is maintainable. Further, it was said, "The present writ petition filed by the Gram Panchayat is in furtherance of its objective of protection of a public property, …

Can Enforcement Directorate Maintain Writ Petition Against State Govt? Kerala High Court Reserves Order
3 years, 8 months ago

Can Enforcement Directorate Maintain Writ Petition Against State Govt? Kerala High Court Reserves Order

Live Law  

The Kerala High Court on Tuesday reserved order on the preliminary objections raised by State of Kerala against the maintainability of a writ petition filed by Enforcement Directorate.The Enforcement Directorate had approached the High Court under Article 226 of the Constitution of India challenging the State Government's notification which constituted a judicial commission to inquire into. The Kerala High Court …

RBI Is 'State' Under Article 12; Private Banks Discharging Public Functions Amenable To Writ Jurisdiction: Calcutta High Court
4 years ago

RBI Is 'State' Under Article 12; Private Banks Discharging Public Functions Amenable To Writ Jurisdiction: Calcutta High Court

Live Law  

The Calcutta High Court has held that th Reserve Bank of India is "State" under Article 12 of the Constitution and thus, a writ petition is maintainable against it. The Single Bench ruled, "Since the Reserve Bank of India is an instrumentality of the State, it comes squarely within the meaning of "State" as contemplated in Article 12 of the …

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
4 years, 2 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law  

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

Writ Petition Cannot Be Entertained Ignoring Statutory Dispensation: Himachal Pradesh High Court
4 years, 2 months ago

Writ Petition Cannot Be Entertained Ignoring Statutory Dispensation: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has observed that a writ petition should not be entertained ignoring the statutory dispensation.In this case, M/s Radha Krishan Industries had approached the High Court by filing a writ petition challenging an order passed by GST Authorities provisionally attaching the payment receivable by it from a consumer. In this case, M/s Radha Krishan Industries had …

Withholding Of Title Deeds Towards Security By PSU Bank Doesn't Involve Any Element Of Public Duty: Kerala High Court
4 years, 3 months ago

Withholding Of Title Deeds Towards Security By PSU Bank Doesn't Involve Any Element Of Public Duty: Kerala High Court

Live Law  

"Providing of credit facility or providing of loan on the strength of title deeds given in security cannot be said to be done in discharge of any public function, even in a case where it is made by a Public Sector undertaking/Bank", ruled the Kerala High Court on Wednesday. The Court cited the Apex Court's ruling in the case of …

Private Financial Institutions May Be Performing Public Duties But Can't Be Considered 'State' Under Article 12 Of Constitution: Allahabad High Court
4 years, 3 months ago

Private Financial Institutions May Be Performing Public Duties But Can't Be Considered 'State' Under Article 12 Of Constitution: Allahabad High Court

Live Law  

The Allahabad High Court on Thursday reiterated that private financial institutions, carrying business or commercial activity, may be performing public duties, but cannot be considered to be covered under the definition of "State" under Article 12 of the Constitution. Reliance in this regard was placed on Federal Bank Ltd. v. Sagar Thomas and others, 10 SCC 733, whereby the Supreme …

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]
4 years, 5 months ago

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that writ jurisdiction under Article 226 cannot be invoked to challenge an order passed by the National Company Law Tribunal.Accordingly, a division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly set aside a judgment passed by a single bench, which granted a limited relief to a party in a challenge …

Writ Petition Relation To Industrial Dispute To Not Be Listed Unless 'Exceptional Circumstances' Disclosed In Synopsis, Opening Paragraphs: Delhi HC [Read Judgment]
4 years, 5 months ago

Writ Petition Relation To Industrial Dispute To Not Be Listed Unless 'Exceptional Circumstances' Disclosed In Synopsis, Opening Paragraphs: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that a writ petition relating to an industrial dispute shall not be listed unless it discloses 'exceptional circumstances' in the synopsis and in its opening paragraphs. "The law is well settled by the Supreme Court that a writ petition should not be entertained in respect of industrial disputes for which a statutory remedy is …

Writ Petition Maintainable Against Private Body When It Has A Public Duty Imposed On It: Madras HC [Read Order]
5 years, 9 months ago

Writ Petition Maintainable Against Private Body When It Has A Public Duty Imposed On It: Madras HC [Read Order]

Live Law  

The Madras High Court has held that a writ petition is maintainable against any private body if it has a public duty imposed on it. Justice Pushpa Sathyanarayana allowed a writ petition filed by a lady seeking a direction to a private insurance company to honour an insurance claim in respect of Health Insurance Policy availed by her husband. Writ …

Writ Petitions In Contract Matters Maintainable When There Is Arbitrariness By The State: SC [Read Order]
5 years, 11 months ago

Writ Petitions In Contract Matters Maintainable When There Is Arbitrariness By The State: SC [Read Order]

Live Law  

The Supreme Court, last week, reiterated that even in contract matters, a writ petition under Article 226 of the Constitution of India can be entertained by the High Court, when there is arbitrariness on the part of the state. The bench comprising Justice Rohinton Fali Nariman and Justice Vineet Saran observed thus in an appeal filed against the High court …

Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights: SC [Read Judgment]
6 years, 1 month ago

Writ Under Article 32 Not Maintainable For Enforcement Of Personal Contractual Rights: SC [Read Judgment]

Live Law  

The Supreme Court has held that employees cannot be granted a writ under Article 32 of the Constitution of India for claiming enforcement of any personal contractual rights against their employers. The bench comprising Justice Abhay Manohar Sapre and Justice R. Subhash Reddy ruled, "Even otherwise, no writ lies under Article 32 of the Constitution at the instance of any …

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