Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
11 months, 4 weeks ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider sufficiency or adequacy of evidence to arrive at a particular conclusion in an enquiry by the disciplinary authorities. As observed by the Apex Court, this Court cannot consider the question about the sufficiency or adequacy of evidence in support of a particular conclusion in a disciplinary proceeding invoking powers under Article 226 of the Constitution of India.” The petitioner was the Deputy Manager at the Kozhikode Main Branch of the State Bank of Travancore. The Apex Court observed that this approach will avoid weighing the evidence and it will take the evidence as it stands and only examine whether on that evidence, the impugned conclusion follows or not.” On analysing the evidence available in the present case, the Court stated that the disciplinary authority which is the fact-finding authority has considered the evidence against the petitioner to find his involvement in defrauding the bank.

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History of this topic

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC
2 weeks, 2 days ago

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC

Live Law  

The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court stated thus, “It is trite that in disciplinary proceedings, the High Court, in exercise of power under Article 226 or 227 of the Constitution of India, shall not venture into reappreciation of …

Income Tax | Whether There Was Proper Notice Or Not Is Disputed Question Of Fact, Can't Be Challenged Under Article 226: Kerala High Court
3 weeks ago

Income Tax | Whether There Was Proper Notice Or Not Is Disputed Question Of Fact, Can't Be Challenged Under Article 226: Kerala High Court

Live Law  

The Kerala High Court stated that the issue as to whether there was a proper notice or not is a disputed question of fact and cannot be challenged under Article 226 of the Constitution of India. “…….As rightly observed by the learned Single Judge, the question as to whether there was a proper notice or not is certainly a disputed …

Article 226| Mere Existence Of Disputed Questions Of Fact Won't Affect Writ Court's Jurisdiction To Grant Relief: Supreme Court
1 month ago

Article 226| Mere Existence Of Disputed Questions Of Fact Won't Affect Writ Court's Jurisdiction To Grant Relief: Supreme Court

Live Law  

The Supreme Court yesterday observed that while the High Court does not generally determine the disputed questions of fact in its writ jurisdiction, the mere existence of disputed factual questions does not preclude the High Court from granting appropriate relief to the petitioner. In a case where the Court is satisfied, like the one on hand, that the facts are …

Article 226 Can't Be Invoked Against An SCN Issued U/S 74 Of CGST Act At Preliminary Stage: Kerala High Court
1 month, 1 week ago

Article 226 Can't Be Invoked Against An SCN Issued U/S 74 Of CGST Act At Preliminary Stage: Kerala High Court

Live Law  

The Kerala High Court stated that Article 226 cannot be invoked against a show cause notice issued under Section 74 of the CGST Act at preliminary stage. The assessee/respondent had filed a writ petition challenging the show cause notice issued under Section 74 of the CGST Act. The bench opined that “the power of the High Court under Article 226 …

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions
1 month, 2 weeks ago

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions

Live Law  

The Kerala High Court has stated that proceedings that may result in punishments such as death, imprisonment and forfeiture of property should be filed as Writ Petitions. The Registrar clarified that as per a notification dated April 11, 2013, writ petition was adopted in the High Court for petitions under Article 226 for writ of Habeas Corpus and for other …

Article 227 Of The Constitution Cannot Be Used As An Appellate Or Revisional Power: Kerala High Court
1 month, 3 weeks ago

Article 227 Of The Constitution Cannot Be Used As An Appellate Or Revisional Power: Kerala High Court

Live Law  

The Kerala High Court, while dismissing a petition, observed that its supervisory jurisdiction, as provided under Article 227 of the Constitution, cannot be used as an appellate or revisional power. “The power under Article 227 of the Constitution would be restricted to interference in cases of grave dereliction of duty or flagrant violation of law and would be exercised most …

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC
2 months, 1 week 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 …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
3 months, 2 weeks ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains
3 months, 3 weeks ago

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains

Live Law  

The Kerala stated that there is distinction between entertainability and maintainability of a writ petition filed under Article 226 of the Constitution. The division bench of Chief Justice Nitin Jamdar and Justice S Manu observed thus: “Even if alternate remedy is available to the Petitioner, that cannot be a ground to hold the writ petition under Article 226 of the …

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
4 months, 1 week ago

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Live Law  

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute for granting any relief, by assuming jurisdiction under Article 226 of the Constitution. Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
6 months, 2 weeks ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court
7 months, 3 weeks ago

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court

Live Law  

The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building …

Writ Jurisdiction Can't Be Invoked To Check Correctness Of 'Answer Key', Purely Academic Matter: Kerala High Court
10 months, 3 weeks ago

Writ Jurisdiction Can't Be Invoked To Check Correctness Of 'Answer Key', Purely Academic Matter: Kerala High Court

Live Law  

The Kerala High Court has held that the correctness of an answer key cannot be considered under the writ jurisdiction under Article 226 of the Indian Constitution since it is a purely academic matter. Justice T R Ravi stated that the High Court would not sit over in an appeal against the decision of an expert committee that evaluated the …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
11 months, 3 weeks ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

Writ Court Can't Intervene On Issues Relating To Conduct Of Rituals In Church, Parties Already Before Civil Court: Kerala High Court
11 months, 3 weeks ago

Writ Court Can't Intervene On Issues Relating To Conduct Of Rituals In Church, Parties Already Before Civil Court: Kerala High Court

Live Law  

The Kerala High Court has stated that the Writ Court cannot intervene in the manner of conducting rituals in church under Article 226 of the Constitution especially when civil proceedings were pending between the parties. “It is thus obvious that, on issues relating to the conduct of rituals in the Church, this Court cannot intervene, while acting under Article 226 …

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
1 year, 1 month ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

Kerala HC Seeks State's Response In Plea Challenging Constitutional Validity Of S.219AD(5) Of Panchayat Raj Act Enacted Through 2023 Ordinance
1 year, 1 month ago

Kerala HC Seeks State's Response In Plea Challenging Constitutional Validity Of S.219AD(5) Of Panchayat Raj Act Enacted Through 2023 Ordinance

Live Law  

A plea has been moved in the Kerala High Court challenging the constitutional validity of Section 219AD of the Kerala Panchayat Raj Act, 1994, which had been enacted by an Ordinance promulgated by the Governor on December 7, 2023. In this regard, Section 219AD of the statute prescribes that a user fee shall be remitted in order to avail the …

SC issues summons to Centre on Kerala’s suit alleging financial restrictions
1 year, 2 months ago

SC issues summons to Centre on Kerala’s suit alleging financial restrictions

The Hindu  

The Supreme Court on January 12 agreed to examine an original suit filed by Kerala alleging that the Centre was violating the federal structure of governance and causing “severe damage to the economy of a small State with meagre resources” by interfering with the finances of the State. It listed Kerala’s application for interim reliefs, which include an injunction order …

Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court
1 year, 2 months ago

Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court

Live Law  

The Kerala High Court recently held that the writ jurisdiction of the Court under Article 226 cannot be invoked seeking blanket general directions against the police for the prevention of registration of crimes. The petitioner, a native of Uttar Pradesh has approached the Court seeking a direction to prevent the registration of further FIRs against him on similar facts. On …

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court
1 year, 4 months ago

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court

Live Law  

The Kerala High Court recently set aside an order of the Magistrate Court allowing respondent's application in the suit to amend their pleadings stating that amendments, that are not required for adjudicating the real dispute between the parties and are outside the scope of the reliefs sought in the suit, ought not to be allowed. Moreover, the amendment sought for …

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials
1 year, 7 months ago

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials

Live Law  

The Kerala High Court yesterday upheld the order of a Magistrate dismissing a vexatious compliant filed against 48 high ranking bureaucrats and police officials of the State. On an appreciation of the circumstances arising in the case, this Court is of the view that the learned Magistrate was justified in dismissing the complaint, nipping off, at the threshold itself, a …

Article 227 Can't Be Invoked To Interfere With Lower Court Proceedings Merely On Parties' Requests For Out-Of-Turn Hearings: Kerala High Court
1 year, 7 months ago

Article 227 Can't Be Invoked To Interfere With Lower Court Proceedings Merely On Parties' Requests For Out-Of-Turn Hearings: Kerala High Court

Live Law  

The Kerala High Court has held that although it possesses the authority to ensure that lower courts and tribunals adhere to their prescribed jurisdiction and functions in accordance with the law, this power granted under Article 227 of the Constitution does not grant the High Court the right to intervene in the proceedings of other courts or tribunals merely based …

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 …

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court
2 years, 1 month ago

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Live Law  

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. In its rebuttal, the Respondent State argued that considering the availability of remedies under the Criminal Procedure Code, it is not proper to invoke writ jurisdiction under article 226 of the Constitution. To bolster its argument, the State relied upon the Supreme …

Writ Courts Can't Sit In Armchair Of Financial Experts U/Art 226, Business Prudence Can't Be Subject Matter Of Judicial Scrutiny: Gujarat High Court
2 years, 2 months ago

Writ Courts Can't Sit In Armchair Of Financial Experts U/Art 226, Business Prudence Can't Be Subject Matter Of Judicial Scrutiny: Gujarat High Court

Live Law  

The Gujarat High Court on Monday held that writ courts exercising jurisdiction under Article 226 of the Constitution cannot sit in the armchair of financial experts and decide matters of business prudence. A Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri added that interference in financial and banking matters would only be called for if the …

'No Case For Interference Under Article 226': Kerala High Court Dismisses Plea Seeking Former Minister Saji Cheriyan's Disqualification As MLA
2 years, 3 months ago

'No Case For Interference Under Article 226': Kerala High Court Dismisses Plea Seeking Former Minister Saji Cheriyan's Disqualification As MLA

Live Law  

The Kerala High Court on Thursday dismissed the petitions seeking a writ of quo warranto against Chengannur MLA Saji Cherian over his alleged "derogatory remarks against the constitution".The division bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that it is not for the court to go to the contentions, decipher the truth of it, and grant …

State Govt Well Equipped To Decide Legality Of Panchayat Decisions, S.191 Kerala Panchayat Raj Act Is An Efficacious Alternate Remedy: High Court
2 years, 3 months ago

State Govt Well Equipped To Decide Legality Of Panchayat Decisions, S.191 Kerala Panchayat Raj Act Is An Efficacious Alternate Remedy: High Court

Live Law  

The Kerala High Court on Tuesday, while dismissing two Writ Petitions, observed that Section 191 of Kerala Panchayat Raj Act, 1994 is an efficacious, alternate statutory remedy against any resolutions or decisions taken by the panchayat.Section 191 of the KPR Act deals with the power of cancellation and suspension of resolutions etc. The Kerala High Court on Tuesday, while dismissing …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 4 months ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

Cases Pending For Years, Introspection By Judiciary Necessary; Otherwise People Will Lose Faith: Kerala High Court Issues Directions To Registry
2 years, 4 months ago

Cases Pending For Years, Introspection By Judiciary Necessary; Otherwise People Will Lose Faith: Kerala High Court Issues Directions To Registry

Live Law  

Commenting on the delay in adjudication of cases, the Kerala High Court recently observed that introspection by the judiciary is also necessary or otherwise, people will lose faith in the system.The court directed its Registrar General and Registrar to bring to the Chief Justice's notice the old writ petitions pending in different jurisdictions and take appropriate steps in. Commenting on …

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature
2 years, 4 months ago

Kerala HC Deprecates Invocation Of Writ Jurisdiction Alleging 'Breach Of Duty' By Police To Register Complaint When The Dispute Is Civil In Nature

Live Law  

The Kerala High Court on Tuesday held that a threat of illegal eviction/ trespass can be remedied by approaching a civil court. It added that High Court's writ jurisdiction cannot be invoked in such cases seeking police protection, when even the basic facts are disputed and the rights claimed cannot be established in summary proceeding under Article 226 of the …

Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained
2 years, 5 months ago

Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained

Live Law  

The Kerala High Court recently appreciated the "invaluable assistance" rendered to it by the State Police in disposing a habeas corpus writ petition.The Division Bench consisting of Justice K. Vinod Chandran and Justice C. Jayachandran exalted the assistance of various Police Personnel within State Police Department in tracing out the person, alleged to have been illegally detained, both. The Kerala …

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 …

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court
2 years, 7 months ago

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court

Live Law  

The Kerala High Court recently held that an Original Petition filed under Article 227 of the Constitution is not the remedy in relation to an order which is revisable under Section 115 of the Civil Procedure Code. The Court in this case considered three questions to be of seminal importance: firstly, which orders are revisable under Section 115 of CPC; …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 7 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC
2 years, 8 months ago

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC

Live Law  

The Kerala High Court on Wednesday, while allowing a writ appeal, observed that the Court exercising power under Article 226 of the Constitution could not refrain from granting a relief to which a party is entitled, merely for the reason that a specific relief had not been sought in petition. Suresh Kumar and Justice C. S. Sudha, observed that, Merely …

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 …

Cannot Invoke Article 226 If An Effective And Statutory Remedy Exists Before NCLAT: Madras High Court
2 years, 9 months ago

Cannot Invoke Article 226 If An Effective And Statutory Remedy Exists Before NCLAT: Madras High Court

Live Law  

The High Court of Madras Bench comprising of Justice T. Raja and Justice K. Kumaresh Babu, while adjudicating a writ petition filed in Sunku Vasundhara v State Bank of India, has held that when an effective and statutory remedy lies before the Appellate Authority i.e. National Company Law Appellate Tribunal, aggrieved parties cannot invoke Article 226 of the Constitution of …

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court
2 years, 9 months ago

Delinquent's Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated: Kerala High Court

Live Law  

The Kerala High Court has held that a delinquent's right to receive the enquiry report is considered an essential part of a reasonable opportunity to be extended to them and a refusal to furnish the report amounts to a denial of their right to defend themselves in the disciplinary proceedings. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice …

Order Of Administrative Tribunal Not Amenable To Judicial Review U/Art 226 In Absence Of Jurisdictional Error/ Patent Perversity: Andhra Pradesh HC
2 years, 11 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 Court Can't Implement Decree Without Public Law Element : Kerala HC Dismisses Appeal Challenging Non-Intervention In Consecration Of New Catholicos
2 years, 11 months ago

Writ Court Can't Implement Decree Without Public Law Element : Kerala HC Dismisses Appeal Challenging Non-Intervention In Consecration Of New Catholicos

Live Law  

The Kerala High Court on Thursday dismissed an appeal moved by Orthodox parishioners against a single-judge order that refused to intervene in the consecration of new catholicos of the Malankara Orthodox Syrian Church without canonically inviting the Patriarch of Antioch.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas refused to interfere with the impugned order. The Kerala …

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

Article 226 Remedies Available When Disciplinary Authority's Findings Are Malafide Or Perverse, Based On Irrelevant Material Or Ignoring Relevant Material: Supreme Court
3 years, 1 month ago

Article 226 Remedies Available When Disciplinary Authority's Findings Are Malafide Or Perverse, Based On Irrelevant Material Or Ignoring Relevant Material: Supreme Court

Live Law  

The Supreme Court on Monday observed that remedies under Article 226 of the Constitution are available and intervention is warranted when disciplinary authority's findings are malafide or perverse, not based on evidence or are based on consideration of irrelevant material or by ignoring relevant material, or are such that they could not have been rendered by any reasonable person placed …

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court
3 years, 2 months ago

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction. Furthermore, the court observed that High Courts, while exercising their jurisdiction under Article 226, are duty bound to consider …

Writ Jurisdiction Cannot Be Invoked To Challenge Appointment Of Arbitrator: Kerala High Court
3 years, 2 months ago

Writ Jurisdiction Cannot Be Invoked To Challenge Appointment Of Arbitrator: Kerala High Court

Live Law  

The Kerala High Court recently held that writ jurisdiction cannot be invoked to challenge the appointment of an arbitrator since such grievances could be redressed as per the provisions of the Arbitration and Conciliation Act, 1996.Ruling that there should not be any judicial interference in the course of the arbitral proceedings for redressal of such grievances, Justice P.B. The Kerala …

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 …

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court
3 years, 10 months ago

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court

Live Law  

The Kerala High Court on Friday iterated the legal proposition that High Courts as Courts of Record could review their own orders. Affirming the stance of the Single Judge, the Court said, "Discussion of facts made above would make it clear that while rendering the impugned judgment, learned single Judge was under the impression that the entire facts and circumstances …

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties
4 years, 1 month ago

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties

Live Law  

Can writ jurisdiction be invoked for effective settlement of disputes between private parties? A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence by writ courts could help in delivery of justice.In this case, the Secretary of the. A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence …

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 …

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