High Courts Guardians Of Fundamental Rights & Constitution, Must Not Mechanically Dismiss Writ Petitions Over Delays And Laches : Supreme Court
3 months ago

High Courts Guardians Of Fundamental Rights & Constitution, Must Not Mechanically Dismiss Writ Petitions Over Delays And Laches : Supreme Court

Live Law  

In the case where Rs.5 lakhs honorarium was awarded to an 83-yr old ex-constable who saved lives by killing a dacoit in 1986, the Supreme Court recently held that High Courts in the country should not mechanically dismiss writ petitions seeking enforcement of fundamental rights on the ground of 'delay and laches', without considering all relevant factors.For context, the petitioner in this. In the case where Rs.5 lakhs honorarium was awarded to an 83-yr old ex-constable who saved lives by killing a dacoit in 1986, the Supreme Court recently held that High Courts in the country should not mechanically dismiss writ petitions seeking enforcement of fundamental rights on the ground of 'delay and laches', without considering all relevant factors. It is with a deep sense of regret that we end the discussion here expressing hope that as the sentinel on the qui vive, the high courts in the country would do well not to mechanically dismiss writ petitions on the ground of delay and laches without considering all the relevant factors", said a bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan. Distinguishing a case alleging breach of fundamental rights from a case alleging breach of a statutory right, the Court added: "When a litigant approaches a high court invoking its high prerogative writ jurisdiction with a petition under Article 226 of the Constitution alleging that the impugned State action is in breach of his Fundamental Right and claims that the breach be bridged by issuing appropriate writ/order/direction as distinguished from a claim for enforcement of a statutory right, it partakes the character of a duty on the part of such high court to enforce the right breached as the guardian of the Constitution."

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History of this topic

Article 226 | Writ Court Can Refuse Action Against Illegality To Do Substantial Justice : Supreme Court
1 month, 1 week ago

Article 226 | Writ Court Can Refuse Action Against Illegality To Do Substantial Justice : Supreme Court

Live Law  

Recently, the Supreme Court reiterated that the writ court does not interfere in cases of mere violation of any statutory provision or norms unless the same has caused injustice. While administering law it is to be tempered with equity and if the equitable situation demands after setting right the legal formulations not to take it to the logical end, the …

High Courts should not sit on bail pleas: Supreme Court
6 months ago

High Courts should not sit on bail pleas: Supreme Court

The Hindu  

The Supreme Court on Friday held that a High Court must either relegate bail pleas to the trial court concerned then and there or promptly hear them on merits as the right to personal liberty was at stake. The top court was addressing the argument by the Central Bureau of Investigation that Mr. Kejriwal’s bail application must be sent back …

Compliance Of An Order Under Threat Of Contempt Cannot Take Away Party's Right To Challenge That Order: Supreme Court
7 months, 2 weeks 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 …

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
11 months, 1 week ago

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains

Live Law  

Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy. Observing that …

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice
1 year, 3 months ago

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice

Live Law  

The Supreme Court, while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. “Needless to add that only on account of default by the advocate for the appellants, the appellants ought not to have been penalized by passing a drastic order of cancelling bail.” Elaborating, the Court went …

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court
1 year, 5 months ago

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court

Live Law  

A Division Bench of the Supreme Court, in its judgment dated October 13, 2023, opined that one of compelling reasons for relegating the writ petitioner to an alternative remedy may arise where there is a serious dispute between the parties on a question of fact and materials/evidence available on record are insufficient/inconclusive to enable the Court to come to a …

Supreme Court Dismisses Cardinal George Alencherry's Plea To Quash Criminal Case Over Land Scam
2 years ago

Supreme Court Dismisses Cardinal George Alencherry's Plea To Quash Criminal Case Over Land Scam

Live Law  

"We express our displeasure towards the subsequent orders passed by the High Court and quashed them. No finality for High Court's observations on canon law The Court clarified that the observations made by the Kerala High Court in Cardinal George Alencherry's case regarding canon law and the power of the Bishops to alienate church assets are prima facie in nature …

Writ Petitions On The Ground Of 'Exceptional Circumstances' Against Order Passed By The Arbitral Tribunal Not Maintainable: Bombay High Court
2 years, 11 months ago

Writ Petitions On The Ground Of 'Exceptional Circumstances' Against Order Passed By The Arbitral Tribunal Not Maintainable: Bombay High Court

Live Law  

The Bombay High Court has ruled that remedy against orders passed under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners, aggrieved by the orders passed under Section 16, cannot file Writ Petitions under Article 226 or Article 227 of the Constitution of India on the ground of 'exceptional circumstances'. The Counsel for the petitioner …

Directions To Expedite Trial In A Particular Case Must Be Passed Only For Extremely Compelling Reasons : Supreme Court
2 years, 11 months ago

Directions To Expedite Trial In A Particular Case Must Be Passed Only For Extremely Compelling Reasons : Supreme Court

Live Law  

The Supreme Court has observed when petitions seeking directions to trial court to expedite the trial are filed before the higher courts, the same need to be examined from all angles.The bench of Justices Dinesh Maheshwari and Vikram Nath made this observation while considering a SLP against Madras High Court's order of directing the trial court to expedite the proceedings …

Writ Petition Can Be Entertained Only In Exceptional Circumstances When Alternate Remedy Is Available: Supreme Court
3 years, 6 months ago

Writ Petition Can Be Entertained Only In Exceptional Circumstances When Alternate Remedy Is Available: Supreme Court

Live Law  

The Supreme Court observed that, when an alternate remedy is available, a writ petition under Article 226 of the Constitution can be entertained by a High Court only in following exceptional circumstances: a breach of fundamental rights; a violation of the principles of natural justice; an excess of jurisdiction; or a challenge to the vires of the statute or. The …

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 6 months ago

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending

Live Law  

Noting that where the proceedings are pending before it and instead of pursuing them to the logical conclusion, the party chose to institute a fresh writ petition before the Punjab and Haryana High Court, which the High Court has entertained, the Supreme Court expressed concerns of judicial propriety and discipline. "Despite the fact that this court is seized of the …

No Bar In Dismissing 'Admitted' Writ Petition On Ground Of Alternative Remedy, Reiterates SC [Read Judgment]
5 years, 3 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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