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, 4 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]

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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 High Court on the. Disagreeing with Justice Banumathi's order setting aside a judgment of the High Court on the ground of alternative remedy, Justice Banerjee observed that it is always a matter of discretion with the Court and if the discretion has been exercised by the High Court not unreasonably or perversely, it is settled practice of this Court not to interfere with the exercise of discretion by the High Court. However, alternative remedy will not be a bar at least in three instances:- where writ petition is filed for enforcement of any of the fundamental rights; where there is a violation of the fundamental right or principles of natural justice; and where the orders or proceedings are wholly without jurisdiction or the vires of an Act is challenged; On the other hand, Justice Banerjee noted that the writ petition filed in 1987 had been pending in the High Court for about three decades and once the writ petition had been entertained and kept pending, it should not be rejected on the ground of existence of alternative remedy of appeal before the Board of Revenue. vs. Shantilal Chhotelal & Co. reported in AIR 1966 SC 197 and in State of U.P and Others vs. Indian Hume Pipe Co. Ltd reported in 2 SCC 724, there is no rule of law that the High Court should not entertain a writ petition when an alternative remedy is available to a party.

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History of this topic

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 weeks, 6 days ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
2 months, 2 weeks ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
2 months, 2 weeks ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
8 months, 4 weeks 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 …

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'
1 year ago

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'

Live Law  

The Supreme Court, in its recent judgment, highlighted the importance of ensuring judicial discipline. “The rule of 'Judicial Discipline and Propriety' and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions.” “Accordingly, when a decision of a coordinate Bench of same High court …

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
1 year, 2 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 …

[Prof GN Saibaba Case] 'Matter Be Remanded To High Court To Decide All Issues Afresh’: Saibaba’s Counsel To Supreme Court
1 year, 8 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 …

High Courts Can Entertain Challenges To Orders Passed By Armed Forces Tribunal : Supreme Court Overrules Its Judgment
1 year, 9 months ago

High Courts Can Entertain Challenges To Orders Passed By Armed Forces Tribunal : Supreme Court Overrules Its Judgment

Live Law  

The Supreme Court, on Tuesday, overruled its decision in Union of India And Ors. Answering the question, "whether the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 against an order of Armed Forces Tribunal with the leave of the Tribunal under Section 31 of the Act or leave granted by the Supreme Court, or bar …

Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court
1 year, 10 months ago

Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court

Live Law  

The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision.It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed, the bench of Justices V Ramasubramanian …

Existence Of An Alternate Remedy Cannot Exclude Writ Jurisdiction Of High Court : Supreme Court
2 years, 1 month 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 …

Direct Appeal HC Single Bench Orders Maintainable In Appropriate Cases : Supreme Court
3 years, 3 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, 3 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, 4 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 …

Doctrine Of Impossibility Applicable To Court Orders; Possibility Of Implementation Should Be Considered : Supreme Court
3 years, 7 months ago

Doctrine Of Impossibility Applicable To Court Orders; Possibility Of Implementation Should Be Considered : Supreme Court

Live Law  

"Doctrine of impossibility is applicable to Court orders as well", said the Supreme Court on Friday stayed the directions issued by Allahabad High Court on May 17 for upgradation of medical facilities in the State of Uttar Pradesh on a war-scale footing. "Doctrine of impossibility is applicable to Court orders as well", said the Supreme Court on Friday said the …

'We Cannot Demoralize High Courts':SC Rejects SG Tushar Mehta's Request To Direct All HCs To List Covid Cases Before Chief Justice-led Benches
3 years, 7 months ago

'We Cannot Demoralize High Courts':SC Rejects SG Tushar Mehta's Request To Direct All HCs To List Covid Cases Before Chief Justice-led Benches

Live Law  

Supreme Court on Friday declined the request of Solicitor-General Tushar Mehta seeking directions to all High Courts to only let Benches headed Chief Justices of the High Courts hear matters related to COVID-19. Submitting before a Bench of Justices Vineet Saran and BR Gavai that directions pertaining to vaccinations, essential drugs etc., had trans-state ramifications and required diplomatic routes to …

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court
3 years, 11 months ago

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court

Live Law  

Supreme Court on Monday observed that the approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India. A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the observation while hearing an appeal filed against order of the Madhya Pradesh High Court under …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
3 years, 11 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 …

SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]
4 years, 3 months ago

SLP Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment Is Not Challenged: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a special leave petition challenging the order of High Court rejecting the review petition cannot be entertained when main judgment in the writ petition is not challenged.When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed …

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]
4 years, 3 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 …

HC Cannot Allow Second Appeal Without Formulating Substantial Question Of Law, Reiterates SC [Read Order]
4 years, 5 months ago

HC Cannot Allow Second Appeal Without Formulating Substantial Question Of Law, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that a High Court cannot allow Second Appeal without having formulated a substantial question of law.A mere mention about the question having been formulated in the memorandum of appeal is not enough, said the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna while setting aside a Kerala High Court judgment.While considering an. The …

HC Cannot Convert Itself Into Court Of Appeal While Considering Petitions Under Article 227: SC [Read Judgment]
4 years, 6 months ago

HC Cannot Convert Itself Into Court Of Appeal While Considering Petitions Under Article 227: SC [Read Judgment]

Live Law  

The Supreme Court reiterated that while hearing a petition under Article 227 of the Constitution of India, a High Court cannot convert itself into a court of appeal. The High Court, allowing a petition under Article 227 of the Constitution filed by the Landlord, set aside the order of District Judge on the ground that the District Judge had committed …

SC Refuses To Entertain Plea For Decongestion Of Prisons; Asks Petitioner To Move HC
4 years, 7 months ago

SC Refuses To Entertain Plea For Decongestion Of Prisons; Asks Petitioner To Move HC

Live Law  

The Supreme Court on Friday refused to entertain a plea seeking decongestion of jails in wake of the COVID-19 pandemic. A Supreme Court Bench headed by Chief Justice of India SA Bobde disposed of the petition, with the direction that the Petitioner had the liberty to approach the jurisdictional High Courts for relief in this matter. On 23rd March, the …

HC May Decline To Entertain A Writ Petition Which Raises Complex Questions Of Facts: SC [Read Judgment]
4 years, 8 months ago

HC May Decline To Entertain A Writ Petition Which Raises Complex Questions Of Facts: SC [Read Judgment]

Live Law  

The High Court may decline to entertain a writ petition when it raises complex questions of facts, the Supreme Court has reiterated. In this case,one Atmanand Singh had filed a writ petition before the High Court praying for direction to Punjab National Bank to pay his lawful admitted claims in terms of agreement and also to deposit the income-tax papers …

HC In Exercise Of Writ Jurisdiction Can Pass An Order Interdicting Legal Fiction, Provided It Had Not Come Into Operation: SC [Read Judgment]
4 years, 9 months ago

HC In Exercise Of Writ Jurisdiction Can Pass An Order Interdicting Legal Fiction, Provided It Had Not Come Into Operation: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the High Court in exercise of jurisdiction under Article 226 of the Constitution can pass an order interdicting the legal fiction engrafted in a legislation, provided the legal fiction had not come into operation. The bench comprising Justice Ashok Bhushan and Justice Navin Sinha reiterated that the power of the High Court under Article …

No Blanket Ban On Exercise Of Writ Jurisdiction By High Court Even When Alternative Remedies Are Available: SC [Read Judgment]
5 years ago

No Blanket Ban On Exercise Of Writ Jurisdiction By High Court Even When Alternative Remedies Are Available: SC [Read Judgment]

Live Law  

The rule of alternative remedy is a rule of discretion and not a rule of jurisdiction, the Supreme Court said while reiterating that there cannot be a blanket ban on the exercise of writ jurisdiction by High Courts even when alternative remedies are available. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose was dealing with a civil appeal …

No Bar In Dismissing 'Admitted' Writ Petition On Ground Of Alternative Remedy, Reiterates SC [Read Judgment]
5 years, 1 month 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 …

Section 482 CrPC- Inherent Powers Cannot Be Invoked To Alter Sentence Imposed By The HC Itself: SC [Read Judgment]
5 years, 2 months ago

Section 482 CrPC- Inherent Powers Cannot Be Invoked To Alter Sentence Imposed By The HC Itself: SC [Read Judgment]

Live Law  

The inherent power under Section 482 CrPC cannot be used by the High Court to reopen or alter an order disposing of a petition decided on merits, the Supreme Court has observed. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose observed that the High Court has no power to entertain the petition under Section 482 CrPC and alter …

Alternative Remedy And Supervisory Jurisdiction Of High Courts Under Article 227 Of Constitution
5 years, 2 months ago

Alternative Remedy And Supervisory Jurisdiction Of High Courts Under Article 227 Of Constitution

Live Law  

Recently, a two judge bench of the Supreme Court delivered a significant judgment in which it observed that the availability of an appellate remedy in terms of the provisions of Code of Civil Procedure can be construed as a 'near total bar' for the exercise of supervisory jurisdiction under Article 227 of the Constitution of India by High Courts.The principle …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 6 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

Writ Petitions In Contract Matters Maintainable When There Is Arbitrariness By The State: SC [Read Order]
5 years, 9 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 …

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