Advocate Sends Representation To Delhi HC ACJ Gita Mittal Against State Filing Writ Under Art 226, Seeks Amendment To HC Rules
7 years ago

Advocate Sends Representation To Delhi HC ACJ Gita Mittal Against State Filing Writ Under Art 226, Seeks Amendment To HC Rules

Live Law  

An advocate and a professor of Law have made a representation to the Delhi High Court Acting Chief Justice Gita Mittal seeking amendment to the Delhi High Court Rules relating to regulation of proceedings for issue of Writs under Article 226 of the Constitution of India and stressing that states should not be allowed to challenge Tribunal’s order under Article 226 as a routine and should. An advocate and a professor of Law have made a representation to the Delhi High Court Acting Chief Justice Gita Mittal seeking amendment to the Delhi High Court Rules relating to regulation of proceedings for issue of Writs under Article 226 of the Constitution of India and stressing that states should not be allowed to challenge Tribunal’s order under Article 226 as a routine and should rather invoke Article 227. It also prays for providing “proper identification to the Petition filed under Article 227 in challenging the order of tribunal through making necessary amendment in Volume IV of Delhi High Court Rules & Orders”. The representation raises three questions – Firstly, whether State can be considered as an “aggrieved person” so as to file to Writ Petition under Article 226; secondly, if the state has any right, and thirdly, whether the rules framed by the high court can prevent a person or state from challenging the order of tribunal under Article 227 and confine it to file petition under Article 226?

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History of this topic

Delhi HC rules writ petition under Article 226 cannot replace BNS Sanhita remedies
1 week, 6 days ago

Delhi HC rules writ petition under Article 226 cannot replace BNS Sanhita remedies

New Indian Express  

NEW DELHI: The Delhi High Court has reaffirmed that a writ petition under Article 226 of the Constitution cannot be used as an alternative to statutory remedies provided under the Bharatiya Nagarik Suraksha Sanhita, 2023 for safeguarding personal liberty. Justice Sanjeev Narula made this observation while rejecting a plea filed by an accused in an extortion case who sought protection …

Supreme Court rules against directing legislature on law enactment
1 month, 1 week ago

Supreme Court rules against directing legislature on law enactment

Hindustan Times  

The Supreme Court on Friday said the courts could not direct the legislature to enact a law in a particular manner. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner," the bench said, while refusing to hear the plea. The petitioner's counsel said Section 230 …

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court
2 months ago

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

Live Law  

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. The service conditions of an employee is governed by the Service rules and violation of service rules would not come within the purview of violation of discharge of public functions and, therefore, …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 2 weeks ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Delhi High Court Annual Digest 2024: Part III [Citations 801 - 1200]
2 months, 2 weeks ago

Delhi High Court Annual Digest 2024: Part III [Citations 801 - 1200]

Live Law  

Citations 2024 LiveLaw 801 to 2024 LiveLaw 1200 The Delhi High Court single bench of Justice Sanjeev Narula held once a resolution plan is accepted, the stakeholders cannot impose penalties or claim dues from the Corporate Debtor based on past liabilities. The Delhi High Court bench of Justice Dharmesh Sharmab has held that breaches of undertakings given before a Court, …

BJP MLAs move Delhi HC again over delay in tabling of CAG reports
3 months ago

BJP MLAs move Delhi HC again over delay in tabling of CAG reports

New Indian Express  

NEW DELHI: Seven BJP legislators on Monday filed a petition in the Delhi High Court seeking the immediate tabling of 14 Comptroller and Auditor General reports concerning the city’s administration before the assembly. Senior counsel representing the petitioners mentioned the matter before a bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela. Despite a prior writ petition …

Supreme Court Refuses To Stay Upcoming Punjab Municipal Corporation Elections, Issues Notice To SEC On Opposition Candidates' Plea
3 months ago

Supreme Court Refuses To Stay Upcoming Punjab Municipal Corporation Elections, Issues Notice To SEC On Opposition Candidates' Plea

Live Law  

The Supreme Court today issued notice to the Punjab State Election Commission in an intervention application filed by the prospective candidates of opposition parties including Bharatiya Janata Party, Shiromani Akali Dal, and Indian National Congress, alleging that they were systematically prevented from filing nominations for the Municipal Corporation elections in Patiala by. The Supreme Court today issued notice to the …

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court
3 months, 3 weeks ago

Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sanjeev Narula, while hearing a writ petition challenging an arbitral award passed by the Micro and Small Enterprises Facilitation Council, has held that invoking the writ jurisdiction to challenge an arbitral award would circumvent the statutory requirement of pre-deposit u/s 19 of the MSMED Act, and would amount to defeating the legislative intent. …

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action
4 months ago

Infrastructure Of District Courts In Punjab & Haryana Not Disabled Friendly, High Court Asks Building Committees To Take Action

Live Law  

From an affidavit filed by the governments of Punjab and Haryana, the High Court has found that the infrastructure in district courts and sub-district courts in the states are not disabled friendly.Chief Justice Sheel Nagu and Justice Alok Jain observed that, "The charts filed by the State of Punjab as well as State of Haryana reveal that there are several …

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law
5 months ago

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law

Live Law  

The Delhi High Court has allowed a writ petition filed under Article 227 to overturn the order of the District Judge dismissing a Section 34 petition. The Court observed that the interpretation of Section 42 of the A&C Act by the District Judge was completely erroneous and that the petition could only have been filed in the High Court. The …

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit
5 months, 1 week ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law  

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

Supreme Court Monthly Round-Up: August 2024
6 months, 2 weeks ago

Supreme Court Monthly Round-Up: August 2024

Live Law  

Here's a comprehensive overview of the Supreme Court of India proceedings during August 2024. Swati Maliwal Assault Case: Supreme Court Issues Notice On Bibhav Kumar's Bail Plea Case Title: BIBHAV KUMAR Versus STATE OF NCT OF DELHI, SLP No. S. 106 Evidence Act | Accused Can't Be Asked To Discharge Burden Of Proof When Prima Facie Case Wasn't Established By …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
8 months, 1 week ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
9 months ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
10 months, 2 weeks ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court
11 months, 3 weeks ago

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court

Live Law  

The High Court of Delhi has held that an order of the arbitral tribunal rejecting an application challenging its jurisdiction under Section 16 of the A&C Act cannot be challenged in a writ petition unless the order is so perverse that it shocks the conscience of the Court. During pendency of the arbitration proceedings, the petitioner moved an application under …

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court
11 months, 3 weeks ago

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh dismissed the application filed under Section 11 of the Arbitration and Conciliation Act, 1996 and held that such a petition should be filed at the place of the subordinate office of the corporation. “In the present case as well, the subordinate office of the respondent is situated at Satna, Madhya …

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition
1 year ago

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition

Live Law  

The Delhi High Court single bench of Justice Subramonium Prasad held that Article 226 of the Constitution of India is an extraordinary remedy and cannot be invoked where a party has failed to invoke other remedies available to it under law. It held that if a party fails to challenge the arbitration award under Section 34 of the Arbitration and …

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court
1 year, 1 month ago

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. The Petitioner sought the Arbitral Tribunal's approval to approach court for seeking the …

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition
1 year, 1 month ago

No Need For Notice To Invoke Fresh Arbitration Where Analogous Arbitral Proceedings Going: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court single bench of Justice Manoj Kumar Ohri held that in cases where there are analogous arbitration proceedings related to other agreements, there is no need to invoke fresh arbitration by issuing a notice under Section 21 of the Arbitration Act. The Petitioner approached the Delhi High Court and filed a petition under Section 11 of the …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
1 year, 1 month ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

'Can't Entertain Every Dispute Between Delhi Govt & LG' : Supreme Court Asks DCPCR To Approach Delhi HC
1 year, 3 months ago

'Can't Entertain Every Dispute Between Delhi Govt & LG' : Supreme Court Asks DCPCR To Approach Delhi HC

Live Law  

The Supreme Court today remarked that not every issue between the Delhi Government and the Lieutenant Governor could be covered under an Article 32 petition before the Supreme Court. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a petition filed by the Delhi Commission of Protection of Child Rights over the alleged. Just …

All Orders By Court/ Tribunal Including Ex Parte Are Amenable To Writ Jurisdiction U/Art 226 & 227 Of Constitution: Patna HC
1 year, 3 months ago

All Orders By Court/ Tribunal Including Ex Parte Are Amenable To Writ Jurisdiction U/Art 226 & 227 Of Constitution: Patna HC

Live Law  

The Patna High Court has observed that any order or judgment issued by a Court or Tribunal, even if done ex parte, can be subjected to the writ jurisdiction under Articles 226 and 227 of the Constitution. Referring to the Supreme Court's 2020 decision in the case of N. Mohan Vs. R. Madhu, Justice Harish Kumar observed, “The analogy, which …

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC
1 year, 3 months ago

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Live Law  

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. The Punjab & …

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content
1 year, 5 months ago

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Barun Mitra, and Arun Baroka, dismissed the two applications filed in Raiyan Hotels and Resorts Pvt. The Appellate Tribunal held that the Limitation for filing of the Appeal does not commence on the date when the Appellant became aware of the contents but it shall …

Writ Petitions Against Orders Passed By IPAB Must Be Decided By Single Judge: Delhi High Court
1 year, 5 months ago

Writ Petitions Against Orders Passed By IPAB Must Be Decided By Single Judge: Delhi High Court

Live Law  

The Delhi High Court has ruled that the writ petitions challenging the orders passed by the Intellectual Property Appellate Board before its abolition in 2021 would have to be heard and decided by a single judge and not a division bench.Tribunal Reforms Act, 2021 abolished various Tribunals including India's Intellectual Property Appellate Board and assigned their functions to. The Delhi …

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court
1 year, 6 months ago

Court Has Power To Issue Time Bound Directions To Collector Of Stamps To Decide On Unstamped Arbitration Agreements, Purpose Of Section 11(13) Of A&C Act Should Not Be Defeated: Delhi High Court

Live Law  

The Delhi High Court has held the Court exercising power under Section 11 of the A&C Act has the power to issue time bound directions to Collector of Stamps to decide on unstamped arbitration agreements to ensure that the mandate of Section 11 of the A&C Act that provides for expeditious disposal of Section 11 petition should not be defeated. …

Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court
1 year, 8 months ago

Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court

Live Law  

The High Court of Delhi has held the Court exercising power under Section 29A of the A&C Act, which provides for extension of time to conclude arbitral proceedings, is only concerned with the issue as to whether the arbitrator has acted with expedition in the matter and would not consider any issue regarding the conduct of the arbitration or the …

Calcutta High Court Criticizes Party For Invoking Writ Jurisdiction For Registration Of FIR Against Police Officials Over Alleged Violence
1 year, 8 months ago

Calcutta High Court Criticizes Party For Invoking Writ Jurisdiction For Registration Of FIR Against Police Officials Over Alleged Violence

Live Law  

The Calcutta High Court on Tuesday set aside a single-judge order directing registration of FIR against certain police officials of Baruipur district for alleged violence, while exercising writ jurisdiction under Article 226 of the Constitution. Questioning the perpetual practise of approaching the High Court under Writ Jurisdiction when there are alternate remedies available under other statutes, a bench of Chief …

Govt Servants Can’t Be Excluded from Protection of Rights Guaranteed by Part III of Constitution: Delhi HC
1 year, 10 months ago

Govt Servants Can’t Be Excluded from Protection of Rights Guaranteed by Part III of Constitution: Delhi HC

News 18  

The Delhi High Court on Thursday observed that government servants cannot be excluded from the protection of rights guaranteed by Part III of the Constitution of India and set aside the 2019 Memorandum Order that de-recognised the Central PWD Engineers Association. By virtue of Article 19 of the Constitution of India, the right to form Association or Union or Cooperative …

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court
1 year, 10 months ago

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court

Live Law  

The Delhi High Court has held that an arbitrator can be removed under Section 14 which provides for de jure ineligibility of arbitrator only if his appointment falls within the grounds mentioned under the VII Schedule. The bench of Justice Chandra Dhari Singh held that the mandate of the arbitrator on grounds of bias and prejudice cannot be terminated if …

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases
1 year, 10 months ago

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases

Live Law  

The Punjab & Haryana High Court has issued a notice to government of Punjab and Haryana on a petition seeking formulation of Standard Operating Procedures for regulating the total period of custody undergone by a person detained in multiple cases. The petitioner argues that reading the custody period of all cases jointly would amount to violation of the right to …

Delhi High Court: Justice Varma Invites Lawyers To Make Submissions On Court's Power To Partially Modify Arbitral Award, Other Issues On April 20
1 year, 11 months ago

Delhi High Court: Justice Varma Invites Lawyers To Make Submissions On Court's Power To Partially Modify Arbitral Award, Other Issues On April 20

Live Law  

Justice Yashwant Varma of Delhi High Court has invited lawyers to make submissions on the aspect of court’s power to partially modify or set aside an arbitral award, doctrine of severability and scope of section 34 of Arbitration and Conciliation Act, 1996.As per the notice published in today’s causelist, the lawyers who wish to make submissions on the legal points …

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital
1 year, 11 months ago

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital

Live Law  

The Delhi High Court on Wednesday sought response of the Union of India and Delhi Government on a plea seeking directions upon them to consider enacting the Advocates Protection Act in the national capital.Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the lawyers’ body and the Coordination Committee of Bar Associations of …

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital
1 year, 11 months ago

Plea In High Court Seeks Direction For Centre, Delhi Govt To Consider Enacting Advocates Protection Act In National Capital

Live Law  

A plea has been filed in the Delhi High Court seeking directions for the Union of India and Delhi government to consider enacting the Advocates Protection Act in the national capital. The petition filed by lawyers Deepa Joseph and Alpha Phiris Dayal alleges that there is an "alarming rise" in incidents of violence inside the court premises of different district …

Object Of Jurisdiction Under Article 226 Is Enforcement, Not Establishment Of Right/ Title, Can't Decide Disputed Facts: Jammu & Kashmir High Court
1 year, 11 months ago

Object Of Jurisdiction Under Article 226 Is Enforcement, Not Establishment Of Right/ Title, Can't Decide Disputed Facts: Jammu & Kashmir High Court

Live Law  

Declining to display indulgence and exercising its jurisdiction under Article 226 of the Constitution, the Jammu and Kashmir and Ladakh High Court recently observed that the object of jurisdiction under Article 226 is the enforcement and not the establishment of right or title and hence a disputed question of fact cannot be investigated in a proceeding under Article 226 of …

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 …

[Senior Citizens Act] Lawyers Can Represent Parties Before Maintenance Tribunal, Section 17 No Bar: Delhi High Court
2 years, 5 months ago

[Senior Citizens Act] Lawyers Can Represent Parties Before Maintenance Tribunal, Section 17 No Bar: Delhi High Court

Live Law  

The Delhi High Court has said that Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 will not bar parties from having legal practitioners represent them before the Maintenance Tribunal.Section 17 of the 2007 Act specifically states no party to a proceeding before a tribunal or appellate tribunal shall be represented by a legal practitioner,. …

Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court
2 years, 6 months ago

Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has reiterated that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of the Constitution of India. The High Court observed that in SBP & Co., the Apex Court had held that since the orders and awards passed by the Arbitral Tribunal were statutorily amenable to challenge …

Formation Of ICC By Govt Dept Cannot Be Challenged Under Article 226 Of Constitution : Madras High Court
2 years, 6 months ago

Formation Of ICC By Govt Dept Cannot Be Challenged Under Article 226 Of Constitution : Madras High Court

Live Law  

While dismissing a challenge against the formation of an Internal Complaints Committee, the Madras High Court observed that the formation of the Internal Complaints Committee was under the Central Civil Services Rules, 1965. The challenge would therefore fall within the scope of the Administrative Tribunals Act 1985 and could not be dealt with by the High Court under Article 226 …

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 …

Punjab & Haryana High Court Weekly Round Up: 22 August To 28 August, 2022
2 years, 6 months ago

Punjab & Haryana High Court Weekly Round Up: 22 August To 28 August, 2022

Live Law  

Amit Kumar through his LR's mother Smt. Sushila Devi v. State of Haryana and another 2022 LiveLaw 237 Om Prakash Soni Vs State of Punjab and others, and connected matters 2022 LiveLaw 234 Vijay Kumar Setia Versus State Of Punjab And Others Rajpal Poultry Farm v. State of Haryana Judgments/Orders S.437 CrPC | Bail May Be Granted If Case Triable …

Article 227 Not Mercy Jurisdiction, Litigants Casually Prosecuting Proceedings Before Lower Courts Can't Expect Sanctuary From High Court: Delhi HC
2 years, 7 months ago

Article 227 Not Mercy Jurisdiction, Litigants Casually Prosecuting Proceedings Before Lower Courts Can't Expect Sanctuary From High Court: Delhi HC

Live Law  

Litigants cannot be casual about prosecuting the proceedings before the Court below and expect sanctuary from the High Court under Article 227, the Delhi High Court has observed. Justice C Hari Shankar added that the jurisdiction vested in High Court by Article 227 is not expected to be used as an avenue for a party "to tide over the negligence …

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 …

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court
2 years, 8 months ago

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. …

High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC
2 years, 8 months ago

High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC

Live Law  

The Delhi High Court has observed that the supervisory jurisdiction under Article 227 of the Constitution of India cannot be exercised by High Courts to monitor the progress of cases before lower courts. "It is not possible for this Court, exercising jurisdiction under Article 227 of the Constitution of India, to monitor the progress of cases before the fora below," …

Cannot Invoke Article 226 If An Effective And Statutory Remedy Exists Before NCLAT: Madras High Court
2 years, 8 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 …

The Writ Not Maintainable Against An Order Of The Arbitrator Dismissing An Application For Interrogatories: Himachal Pradesh High Court
2 years, 9 months ago

The Writ Not Maintainable Against An Order Of The Arbitrator Dismissing An Application For Interrogatories: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has held that a writ petition would be non-maintainable against an order of the arbitrator dismissing the application for interrogatories. Observation By The Court The Court relied on the judgment of the Hon'ble Supreme Court in SBP & CO. v. Patel Engineering, Deep Industries v. ONGC and Bhaven Construction v. Sardar Sarovar Narmada Nigam Ltd. …

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot
2 years, 9 months ago

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot

Live Law  

The Hon'ble Supreme Court of India has in its recent judgement in the case of Ibra tFaizan Versus Omaxe Buildhome Private Limited held that the National Consumer Disputes Redressal Commission at New Delhi is a Tribunal within the meaning of Article 227 of the Constitution of India. However, the Hon'ble Supreme Court has now clarified in the Ibrat Faizan judgement …

A Party Cannot Dispute The Jurisdiction On Account Of Non-Existence Of The Arbitration Agreement After Submitting Of The Jurisdiction Of The Arbitrator: Delhi High Court
2 years, 9 months ago

A Party Cannot Dispute The Jurisdiction On Account Of Non-Existence Of The Arbitration Agreement After Submitting Of The Jurisdiction Of The Arbitrator: Delhi High Court

Live Law  

The High Court of Delhi held that a party cannot dispute the jurisdiction on account of non-existence of the arbitration agreement after submitting to the jurisdiction of the arbitrator. Accordingly, the Court rejected the contention of the petitioner that the award is passed without jurisdiction since there was no arbitration agreement. The Court also referred to the Statement of Defence …

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