Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
1 year, 4 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 needs to be granted or not. “If the High Court has found that the matter was worth admitting then there was no question of non-considering the issue with regard to grant or refusal of interim relief, on the ground that there is an alternate remedy. The Apex Court was of the view that non-granting of interim relief on the ground that there is an alternate remedy available is contradictory to the earlier part of the High Court order admitting the matter.

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History of this topic

Supreme Court Monthly Digest- January 2025
3 weeks, 4 days ago

Supreme Court Monthly Digest- January 2025

Live Law  

Adalat Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. Jage Ram v. Ved Kaur, 2025 LiveLaw 138 Aircraft Act, 1934 Section 12B - Investigation by Local Police - …

Court Can Allow Substitution Petition Even Without Explicit Plea For Setting Aside Abatement If Application Justifies Relief: Jharkhand HC
1 month, 1 week ago

Court Can Allow Substitution Petition Even Without Explicit Plea For Setting Aside Abatement If Application Justifies Relief: Jharkhand HC

Live Law  

Recently, the Jharkhand High Court has held that abatement by necessary implication can allow a substitution petition even without a specific plea to set aside, provided the entire application makes out a case for such relief. Justice Sanjay Kumar Dwivedi, presiding over the case, observed, “In a case where the relief of setting aside of abatement has not been specifically …

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 2 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 …

SC grants interim protection from arrest to YSRC social media head
3 months, 2 weeks ago

SC grants interim protection from arrest to YSRC social media head

Deccan Chronicle  

New Delhi: In a relief to YSR Congress Party social media in-charge Sajjala Bhargav Reddy, the Supreme Court on Monday granted protection from arrest to him for two weeks to enable him move the high court for quashing of multiple FIRs lodged against him in Andhra Pradesh. Refusing to quash the multiple FIRs on a plea by Reddy, a bench …

Taxpayers Can't Seek Writ Remedy By Bypassing Statutory Requirements Of Pre-Deposit: Bombay High Court
4 months ago

Taxpayers Can't Seek Writ Remedy By Bypassing Statutory Requirements Of Pre-Deposit: Bombay High Court

Live Law  

The Bombay High Court held that circumstances in which the appeals require some percentage of the demanded tax to be pre-deposited, do not render the appellate remedies any less efficacious. Facts of the case: The Petitioner/ Assessee approached the High Court challenging the show cause notices demanding goods & services tax, to the extent they pertain to service tax demands …

S.12 A Commercial Courts Act | Allowing Suit To Remain In Records On Contingency That Urgency May Arise Later, Patently Contradictory: Calcutta HC
1 year ago

S.12 A Commercial Courts Act | Allowing Suit To Remain In Records On Contingency That Urgency May Arise Later, Patently Contradictory: Calcutta HC

Live Law  

The Calcutta High Court has held that when pleading urgency under Section 12 A of the Commercial Courts Act, allowing the suit to remain in records on a contingency of urgency which may arise at a later date, is patently contradictory. Counsel for the plaintiff submitted that an order under Section 12A was not revocable, since the need for urgent …

Order VII Rule 11 CPC | Mandatory Injunction Not 'Consequential' To Relief Of Declaration: MP High Court Asks Plaintiff To Pay Separate Court Fee
1 year, 1 month ago

Order VII Rule 11 CPC | Mandatory Injunction Not 'Consequential' To Relief Of Declaration: MP High Court Asks Plaintiff To Pay Separate Court Fee

Live Law  

Last week, Madhya Pradesh High Court directed a plaintiff to pay the ad-valorem court fees in a suit for declaration and mandatory injunction since the court found that the injunction sought for was not consequential to the prayer of declaration made. “….the Court has rightly observed that although a declaration was claimed, but by a mandatory injunction claiming whatever amount …

No Appeal Against Interim Order, says HC
1 year, 2 months ago

No Appeal Against Interim Order, says HC

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court refused to interdict an ad interim order of the single judge and ruled that such an appeal is not maintainable. Expedite arms licence hearing: HC Justice C.V. Bhaskar Reddy of the High Court of Telangana directed an expeditious hearing of the pending appeal with regard to the arms licence. HC refuses …

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 …

Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court
1 year, 5 months ago

Commercial Courts Should Examine If Plea For Urgent Interim Relief Is A Disguise To Circumvent Pre-litigation Mediation Under S.12A : Supreme Court

Live Law  

While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.The Commercial Court should examine that the prayer for urgent interim relief. While reiterating the …

[Prof GN Saibaba Case] 'Matter Be Remanded To High Court To Decide All Issues Afresh’: Saibaba’s Counsel To Supreme Court
1 year, 11 months ago

[Prof GN Saibaba Case] 'Matter Be Remanded To High Court To Decide All Issues Afresh’: Saibaba’s Counsel To Supreme Court

Live Law  

In a plea filed by State of Maharashtra challenging the order of the Bombay High Court whereby it allowed appeals against the conviction and life sentence imposed on DU Professor GN Saibaba and five others under the anti-terror law UAPA, a suggestion was floated before the Supreme Court, on Tuesday. Senior Advocate, Mr. R. Basant appearing on behalf of Saibaba …

Existence Of An Alternate Remedy Cannot Exclude Writ Jurisdiction Of High Court : Supreme Court
2 years, 3 months ago

Existence Of An Alternate Remedy Cannot Exclude Writ Jurisdiction Of High Court : Supreme Court

Live Law  

The Supreme Court reiterated that the existence of an alternate remedy by itself cannot exclude the writ jurisdiction of the High Court. "A constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cannot be a case of lack of inherent jurisdiction. An alternate remedy by itself does not divest the …

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, …

A Relief For Which No Prayer Or Pleading Was Made Should Not Be Granted : Supreme Court
2 years, 7 months ago

A Relief For Which No Prayer Or Pleading Was Made Should Not Be Granted : Supreme Court

Live Law  

The Supreme Court observed that a relief for which no prayer or pleading was made should not be granted.If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief, it would lead to miscarriage of justice, the bench comprising Justices Dinesh Maheshwari and …

When The Main Relief Is Rejected By The Arbitral Tribunal, Which Included Interim Relief ,The Interim Relief Granted In Isolation Is Incorrect: Delhi High Court
2 years, 7 months ago

When The Main Relief Is Rejected By The Arbitral Tribunal, Which Included Interim Relief ,The Interim Relief Granted In Isolation Is Incorrect: Delhi High Court

Live Law  

The Delhi High Court has ruled that when the main relief claimed by the claimant has been rejected by the Arbitral Tribunal, the Arbitral Tribunal cannot award an interim or ancillary amount, which is included under the same claim, in favour of the claimant. The Single Bench of Justice Sanjeev Narula held that when the main relief is rejected by …

Plea To Substitute Order Of 'Compulsory' Retirement With 'Voluntary' Doesn't Require Adjudication On Merits: Madras HC Grants Relief To Retd Judge
2 years, 8 months ago

Plea To Substitute Order Of 'Compulsory' Retirement With 'Voluntary' Doesn't Require Adjudication On Merits: Madras HC Grants Relief To Retd Judge

Live Law  

The Madras High Court recently allowed the plea filed by a former District Judge seeking to amend an order for compulsory retirement as that of voluntary retirement. In any case, the petitioner does not intend to challenge the order but is asking to substitute the order of compulsory retirement with the order of voluntary retirement. The petitioner sent representations to …

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court
2 years, 10 months ago

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court

Live Law  

The Gujarat High Court has ruled that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been disposed of, a subsequent similar application seeking similar reliefs, which were already dealt with in the earlier proceedings, is not maintainable. Thereafter, the appellant filed an application under Section 9 of the A&C Act for …

Court Can't Grant Interim Relief Under Section 9 Of A&C Act, If The Contract Is Determinable: Bombay High Court
2 years, 10 months ago

Court Can't Grant Interim Relief Under Section 9 Of A&C Act, If The Contract Is Determinable: Bombay High Court

Live Law  

The Bombay High Court has held that an application for interim relief in the form of specific performance of the contract would not be maintainable when the nature of the contract is determinable. It held that Section 14 and Section 41 of the Specific Relief Act would be attracted when the interim relief for specific performance is prayed for in …

Supreme Court Criticises HC For Making Writ Petition Infructuous By Not Granting Interim Relief After Admission
3 years ago

Supreme Court Criticises HC For Making Writ Petition Infructuous By Not Granting Interim Relief After Admission

Live Law  

In a case related to state board exams of Class 12, the Supreme Court criticised the approach taken by the Bombay High Court in a writ petition whereby the matter was made infructuous due to the refusal of interim relief after admitting the petition.If the matter was ultimately to be dismissed, why was it admitted in the first place, wondered …

Don't Register Writ Petition That Doesn't Set Out Specific Grounds – Bombay High Court To Registry
3 years, 1 month ago

Don't Register Writ Petition That Doesn't Set Out Specific Grounds – Bombay High Court To Registry

Live Law  

The Bombay High Court has directed its Registry to not register any writ petition unless the same sets out specific grounds on which the petition is being moved and warned the department of strict action if any lapse was viewed in that regard. A division bench of Chief Justice Dipankar Datta and Justice NB Suryawanshi, sitting in the Aurangabad Bench, …

Equitable Relief Of Interim Injunction At A Belated Stage Is Not Proper: Gujarat High Court
3 years, 1 month ago

Equitable Relief Of Interim Injunction At A Belated Stage Is Not Proper: Gujarat High Court

Live Law  

The Gujarat High Court has held that when a party approaches the Court with delay, grant of remedy of interim injunction may not be proper. Justice AP Thaker remarked, "The Plaintiff had also kept silence for almost 8 years in instituting the suit after the execution of the agreement to sell, the equitable relief of interim injunction at a belated …

'Forum Shopping Cannot Be Approved; A Ground To Refuse Relief' : Supreme Court Sets Aside Interim Bail
3 years, 3 months ago

'Forum Shopping Cannot Be Approved; A Ground To Refuse Relief' : Supreme Court Sets Aside Interim Bail

Live Law  

While setting aside an interim bail granted by the High Court in a MCOCA case, the Supreme Court observed that "forum shopping" can also be a ground to refuse relief.The accused was facing offences under the Maharashtra Control of Organized Crimes Act and various IPC offences. While setting aside an interim bail granted by the High Court in a MCOCA …

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court
3 years, 5 months ago

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court

Live Law  

The Supreme Court has reiterated that existence of alternate remedies is not an absolute bar against the exercise of discretion under Article 136 of the Constitution of India. Observing that the discretion under Article 136 is "flexible and sufficiently wide to correct glaring errors and injustices", the Supreme Court recently entertained a petition filed challenging a single bench order of. …

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 …

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted
3 years, 7 months ago

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted

Live Law  

The Bombay High Court on Tuesday asked the Union of India to file a short affidavit stating why interim relief shouldn't be granted in two petitions seeking a stay on the recently notified Information Technology Rules, 2021 A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was hearing a petition by AGIJ Ltd, which owns legal news website …

Bombay HC refuses relief for Elgar Parishad activists, calls plea against jail transfer 'paradoxical'
3 years, 7 months ago

Bombay HC refuses relief for Elgar Parishad activists, calls plea against jail transfer 'paradoxical'

India Today  

The Bombay High Court gave no interim relief to arrested Elgar Parishad activists on Friday, while hearing their plea challenging a Special NIA Court order directing their transfer from the Taloja Central Prison to the Mumbai Central Prison. One of the accused, Mahesh Raut, filed a petition against the Special Court order in the Bombay High Court. The petition said, …

Supreme Court Seized Of The Matter: Delhi High Court Refuses To Hear Plea For Extension Of Emergency Parole To Prisoners Aged 65+
3 years, 7 months ago

Supreme Court Seized Of The Matter: Delhi High Court Refuses To Hear Plea For Extension Of Emergency Parole To Prisoners Aged 65+

Live Law  

The Delhi High Court on Thursday expressed its disinclination to hear a plea for extension of emergency parole for prisoners above 65 years and those suffering from comorbidities, stating that the Supreme Court is already seized of the matter. Rejecting the Petitioner's request to adjourn the case for a longer date, a Division Bench of Chief Justice DN Patel and …

Bombay High Court Denies Interim Relief To Anil Deshmukh On His Plea Against CBI FIR
3 years, 10 months ago

Bombay High Court Denies Interim Relief To Anil Deshmukh On His Plea Against CBI FIR

Live Law  

The Bombay High Court has granted liberty to the State of Maharashtra and former State Home Minister Anil Deshmukh to approach the vacation bench in case they want to seek urgent interim reliefs in the FIR lodged by the Central Bureau of Investigation pertaining to former Mumbai Police Commissioner Param Bir Singh's corruption allegations. While Deshmukh's petition was adjourned as …

Supreme Court Reserves Order On Interim Relief In Gokarna Mahabaleshwar Temple Management Case
3 years, 11 months ago

Supreme Court Reserves Order On Interim Relief In Gokarna Mahabaleshwar Temple Management Case

Live Law  

The Supreme Court on Wednesday reserved its order for interim relief in the appeal filed challenging Karnataka High Court's judgment of 2018 which quashed the Government's order handing over management of Mahabaleshwar temple at Gokarna to Ramchandrapura Math. Singh, appearing for the devotees stated that the Act itself has been set aside by the High Court, and the Supreme Court …

HC's Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court
4 years ago

HC's Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court

Live Law  

"When the Bombay High Court closed the door, we opened it and we said that it cannot be shut completely. In the Arnab Goswami decision, penned by Justice Chandrachud, the top court had noted that the Bombay High Court's reliance on Jeelani was misplaced as the ruling in Jeelani arose in a situation where the High Court had declined to …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
4 years, 2 months ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

Ex-AP High Court Judge Moves Supreme Court Against HC Order For Probe Into Phone Call Conspiracy Against CJ & SC Judge
4 years, 3 months ago

Ex-AP High Court Judge Moves Supreme Court Against HC Order For Probe Into Phone Call Conspiracy Against CJ & SC Judge

Live Law  

Retired Andhra Pradesh High Court Judge, Justice V. Eswaraiah. has moved the Supreme Court against a Division Bench order of the Andhra Pradesh High Court which directed an investigation into a an alleged private phone conversation between him and a suspended District Munsif Magistrate of Andhra Pradesh after alleging that the phone call disclosed a "serious conspiracy" against the High. …

Bombay HC rejects Arnab Goswami's plea for interim bail
4 years, 4 months ago

Bombay HC rejects Arnab Goswami's plea for interim bail

Op India  

The Bombay High Court has refused to grant interim relief from arrest to Arnab Goswami. As reported by Live Law, the Bombay HC, rejecting the plea for interim relief, has stated that alternative remedies are available. Bombay High Court refuses interim relief to #ArnabGoswai — Live Law November 9, 2020 As per reports, the HC bench hearing the plea stated …

[Breaking] Bombay High Court Refuses Interim Relief In Arnab Goswami's Habeas Corpus Petition, Will Consider Tomorrow
4 years, 4 months ago

[Breaking] Bombay High Court Refuses Interim Relief In Arnab Goswami's Habeas Corpus Petition, Will Consider Tomorrow

Live Law  

The Bombay High Court on Friday refused to grant interim relief to allow the release of Arnab Goswami, Editor-in-Chief of Republic TV, who has been remanded to 14-days judicial custody till November 18 in a 2018 abetment to suicide case. "Can't pass interim order without hearing Complainant and State", observed a bench comprising Justices S S Shinde and M S …

'District Judge Has Shown Undue Favour To Plaintiffs' : Punjab & Haryana HC Seeks Explanation From Judge; Transfers Case
4 years, 5 months ago

'District Judge Has Shown Undue Favour To Plaintiffs' : Punjab & Haryana HC Seeks Explanation From Judge; Transfers Case

Live Law  

In an extraordinary order, the Punjab and Haryana High Court has sought an explanation from a District Judge, after noting that the judge has shown undue favors to plaintiffs in a suit.The High Court made this observation in a petition filed by the State Bank of India challenging an order of interim injunction passed by District Judge, Nawanshahar, restraining the. …

[Covid-19] Doctors Should Regard The Call For Service To Be Rendered As A Call For Joining 'National Duty': Bombay HC [Read Order]
4 years, 5 months ago

[Covid-19] Doctors Should Regard The Call For Service To Be Rendered As A Call For Joining 'National Duty': Bombay HC [Read Order]

Live Law  

Refusing interim relief in a plea against alleged arbitrary placement of doctors at various Government hospitals for one-year mandatory public service, the Bombay High Court remarked, "In these difficult times of the pandemic, people in the rural areas need adequate medical treatment and we are of the prima facie opinion that doctors like the petitioners and the others should regard …

[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 …

Interim Orders In Writ Petitions Involving Contractual Matters Should Be Passed Only After Carefully Weighing Public Interest: SC [Read Judgment]
4 years, 8 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. …

"Complete Access To Justice Yet At A Distance"; All Interim Orders Of Bombay HC And Subordinate Courts Extended Till July 15 [Read Order]
4 years, 9 months ago

"Complete Access To Justice Yet At A Distance"; All Interim Orders Of Bombay HC And Subordinate Courts Extended Till July 15 [Read Order]

Live Law  

The Bombay High Court on Monday decided to extend all interim orders passed by the High Court and subordinate courts till July 15. Having regard to the prevailing situation, in exercise of powers inherent in the High Court and to serve the ends of justice, the order dated March 26, 2020, since extended by an order dated April 15, 2020 …

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 …

Interim Mandatory Injunctions Can Be Granted After Giving Opportunity Of Hearing To Opposite Side: SC [Read Order]
5 years, 4 months ago

Interim Mandatory Injunctions Can Be Granted After Giving Opportunity Of Hearing To Opposite Side: SC [Read Order]

Live Law  

The Supreme Court has observed that, the Civil Courts, while considering the application seeking interim mandatory injunction in long pending cases, should grant opportunity of hearing to the opposite side.In this case, the appellant's contention was that the High Court, without granting an opportunity of hearing, granted an interim. The Supreme Court has observed that, the Civil Courts, while considering …

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]
5 years, 6 months ago

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]

Live Law  

Can the Supreme Court interfere under Article 136 of the Constitution to quash the order of the High Court, merely on the ground of existence of an alternative remedy? A two judge bench comprising of Justice R. Banumathi and Justice Indira Banerjee recently delivered a split judgment on the issue.Disagreeing with Justice Banumathi's order setting aside a judgment of the …

SC seeks response from Maharashtra govt on plea against Maratha reservation; court to hear petition on 24 June
5 years, 9 months ago

SC seeks response from Maharashtra govt on plea against Maratha reservation; court to hear petition on 24 June

Firstpost  

SC sought response from the Maharashtra government on a plea challenging an order of the Bombay High Court dismissing a petition against Maratha reservation in PG medical and dental courses. New Delhi: The Supreme Court on Wednesday sought response from the Maharashtra government on a plea challenging an order of the Bombay High Court dismissing a petition against 16 percent …

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]
5 years, 11 months ago

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]

Live Law  

The Bombay High Court has held that a court, under the Arbitration and Conciliation Act, 1996, can entertain and grant any interim or ad-interim relief in an application under Section 9 of the said Act when a document containing arbitration clause is unstamped or insufficiently stamped. The full bench of the High Court also held that, in view of Section …

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. …

SC Refuses Urgent Hearing On Pleas Seeking Expeditious Appointment Of Judges In Calcutta HC
6 years, 11 months ago

SC Refuses Urgent Hearing On Pleas Seeking Expeditious Appointment Of Judges In Calcutta HC

Live Law  

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Friday adjourned the hearing in two writ petitions seeking the expeditious appointment of judges to the Calcutta High Court to the first week of July.One of the petitions, on behalf of the Youth Bar Association of India, prays for the writ …

Trial courts can’t use interim relief by higher court to grant regular bail, rules Supreme Court
7 years, 7 months ago

Trial courts can’t use interim relief by higher court to grant regular bail, rules Supreme Court

India TV News  

The Supreme Court has asked trial courts to immediately discontinue with the practice of granting regular bail in cases that are pending in higher courts. The apex court said an accused cannot surrender before a trial court and seek regular bail when a higher court has already granted a pre-arrest bail and the matter is pending there. A bench of …

High Courts have no power to direct magistrate to grant bail to an accused on surrender: Supreme Court
11 years, 4 months ago

High Courts have no power to direct magistrate to grant bail to an accused on surrender: Supreme Court

Live Law  

The apex court while hearing a criminal appeal ruled that high courts should not direct the Magistrate to grant bail to an accused on surrender.The bench of Justice Ranjana Prakash Desai and Justice Madan.B.Lokur said,"such orders put restriction on the power of the trial court to consider the bail application on merits and grant or reject prayer for bail. The …

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