Will Restoration Of Writ Petition Revive Interim Order? SC To Examine [Read Order]
6 years, 2 months ago

Will Restoration Of Writ Petition Revive Interim Order? SC To Examine [Read Order]

Live Law  

The Supreme Court will examine the question whether the interim order passed in a writ petition gets revived when the main writ petition is restored.A writ petition filed in the year 1995 by the U.P. The Supreme Court will examine the question whether the interim order passed in a writ petition gets revived when the main writ petition is restored. Though there was an order of stay for complying the order of Labour court passed earlier, the high court refused to accept the contention that this interim order also got revived when it restored the writ petition. Challenging this order of the high court, the board filed Special Leave Petition before the apex court, contending that when the main writ petition is restored, the interim order also gets revived.

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History of this topic

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 4 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

Live Law  

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court
4 months ago

Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court

Live Law  

The Supreme Court recently cautioned the Appellate Courts against casually interfering with well-reasoned interlocutory orders passed by the trial courts, stating that the Appellate Court's discretion in vacating the interlocutory order should only be exercised if it is shown that the interlocutory order was arbitrary, capricious, perverse, or contrary to established legal principles. Setting aside the High Court's order, the …

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court
8 months ago

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court

Live Law  

The Supreme Court, through its order dated July 19, reiterated that the compliance of an order under threat of contempt cannot take away the right of the party to challenge the same order. “This Court made it clear that compliance of an order under threat cannot take away the right of a party as available to challenge the same, in …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
10 months, 2 weeks ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

DRT | Effect & Operation Of Any Interim Order Passed Is Wiped Out At The Passing Of Final Order: Allahabad High Court
1 year ago

DRT | Effect & Operation Of Any Interim Order Passed Is Wiped Out At The Passing Of Final Order: Allahabad High Court

Live Law  

The Allahabad High Court held that the effect and operation of any interim order passed is wiped out at the passing of the final order. The bench comprising Justice Piyush Agrawal held that “once an appeal was dismissed as withdrawn, the interim order, if any, passed thereon automatically merges with the final order.” The Court relied on State of U.P. …

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
1 year, 5 months ago

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court

Live Law  

The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief …

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC
2 years ago

Appeal U/S 29 Domestic Violence Act Maintainable Against Magistrate's Interim Order; Appellate Court May Grant Interim Relief: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court held that an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is maintainable against interim order passed by Magistrate under Section 23 of the DV Act and the appellate court has power to pass interim order under section 29 of the DV Act. The respondent-husband filed an appeal …

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]
4 years, 6 months ago

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]

Live Law  

The Supreme Court has held that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. The petitioner assailed this order passed by the High Court by filing a writ petition under Article 226 with a …

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]
4 years, 8 months ago

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]

Live Law  

The Supreme Court recently set aside a Punjab and Haryana High Court order in a revision petition which directed parties in a civil suit to maintain 'status quo' despite the fact that no prima facie case was made out by the plaintiffs for grant of such relief. It did not make any findings of its own, but disposed of the …

Interim Orders In Writ Petitions Involving Contractual Matters Should Be Passed Only After Carefully Weighing Public Interest: SC [Read Judgment]
4 years, 9 months ago

Interim Orders In Writ Petitions Involving Contractual Matters Should Be Passed Only After Carefully Weighing Public Interest: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that passing any interim orders in writ petitions involving contractual matters, the courts must carefully weigh conflicting public interests. In a writ petition filed in a matter relating to tender of warehouses, the Rajasthan High Court passed an interim order of status quo with a further direction that other formalities may proceed but the contract. …

No Bar In Dismissing 'Admitted' Writ Petition On Ground Of Alternative Remedy, Reiterates SC [Read Judgment]
5 years, 4 months ago

No Bar In Dismissing 'Admitted' Writ Petition On Ground Of Alternative Remedy, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that after admitting a writ petition, there is no bar on High Court to dismiss it on the ground of alternative remedy. In this case, a writ petition was filed before the High Court challenging the order of Income Tax authority. Finally while disposing the writ petition, the High Court declined to entertain the writ …

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