Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court
3 years, 10 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 Article 227 of the. 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 Article 227 of the Constitution, assailing the order of the Board of Revenue, Gwalior. The Court 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!

India Supreme Court High Court Constitution Court Order High Supreme Article Matter 227 Such Courts  india  supreme  recording  reasons  petitions  approach  courts  court  high  adopted  deciding  constitution  order  matter  article  227

History of this topic

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
1 week, 4 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 …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
1 week, 6 days ago

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

Live Law  

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

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court
1 month ago

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court recently reiterated that a third party can file a Special Leave Petition under Article 136 of the Constitution against the quashing of criminal proceedings.An appeal by a private individual can be entertained, both sparingly and after due vigilance, said the Court relying on the precedents in National Commission for Women v. State of Delhi & Anr. The …

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law
2 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 Rejects Mutation Order, Remands Case to Civil Court
2 months ago

High Court Rejects Mutation Order, Remands Case to Civil Court

Live Law  

The Madhya Pradesh High Court has reaffirmed the importance of issuing notice in property mutation proceedings. In a recent case, the court observed that the State had failed to issue notice to the petitioner despite the fact that the petitioner had been unable to appear before the State in 2015 when the order rejecting the mutation was passed. The court …

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

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
3 months, 3 weeks ago

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

Live Law  

The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a person cannot approach the High Court under Article 227 when there is …

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court
3 months, 4 weeks ago

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court

Live Law  

Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized that such powers should not be wielded mechanically. Court's Observations: Reiterating that the supervisory jurisdiction under Article 227 is not to be used as a substitute for an appeal but rather as a corrective measure to …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
4 months ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law  

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines
4 months, 3 weeks ago

Madhya Pradesh High Court Stresses On Early Disposal Of Cases In Revenue Courts, Applies Apex Court Guidelines

Live Law  

The Madhya Pradesh High Court has emphasized the necessity of expediting case disposals in revenue courts, extending the Supreme Court's guidelines applicable to High Courts and District Courts to include revenue courts as well. The petitioner's counsel highlighted the inordinate delay in resolving the appeal, citing the Supreme Court's decision in High Court Bar Association, Allahabad vs. State of UP …

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC
5 months ago

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a successful transfer petition under Section 24, CPC, before a district court cannot be challenged before the high court by filing another transfer petition under Section 24, CPC. It was held that the order of the district court on the transfer petition could not have been challenged by filing another transfer petition, rather a …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
7 months, 1 week ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court
7 months, 2 weeks ago

Arbitral Tribunal Cant Go Outside Reference Order, Cannot Widen Its Jurisdiction By Dealing With Disputes Not Referred To It: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court single bench of Justice Suvir Sehgal held that an Arbitral Tribunal cannot go outside the reference order by the Punjab State Electricity Regulatory Commission under Section 86 of the Electricity Act, 2003 and cannot widen its jurisdiction by dealing with disputes not referred to it. Observations by the High Court: The High Court noted …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
7 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 …

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

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
8 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 …

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court
8 months, 4 weeks ago

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has observed that the orders passed by the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are also separately amenable to challenge under Article 227 of the Constitution of India.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora relied upon various judgments on the issue and …

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition
9 months, 3 weeks 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 …

Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court
10 months ago

Judicial Decision Does Not Infringe Fundamental Rights : Supreme Court

Live Law  

The Supreme Court recently reiterated the principle that a judicial decision cannot be challenged as infringing fundamental rights.The Court noted that it has been laid down in Naresh Shridhar Mirajkar Vs. State of Maharashtra that "a judicial decision rendered by a Judge of competent jurisdiction in or in relation to a matter brought before him does not infringe a Fundamental …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
10 months, 1 week 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 …

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
11 months, 3 weeks ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law  

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court
1 year, 1 month ago

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

Live Law  

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act.It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K. The …

Supreme Court Invokes Article 142 Powers To Reinstate English Lecturer In College
1 year, 3 months ago

Supreme Court Invokes Article 142 Powers To Reinstate English Lecturer In College

Live Law  

A Division Bench of the Supreme Court, while hearing an appeal challenging Bombay High Court order, invoked its inherent powers under Article 142 of the Indian Constitution to reinstate the appellant to the post of lecturer in English. On 5th July 1993, an The fourth Submission of the Counsels Senior counsel, appearing for the appellant, submitted that the appellant was …

Article 227 Can't Be Invoked To Interfere With Lower Court Proceedings Merely On Parties' Requests For Out-Of-Turn Hearings: Kerala High Court
1 year, 4 months ago

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

Live Law  

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

Supreme Court hearing on Article 370 abrogation | Day 4
1 year, 4 months ago

Supreme Court hearing on Article 370 abrogation | Day 4

The Hindu  

Senior advocate Gopal Subramanium on August 9 apprised a Constitution Bench headed by Chief Justice of India D.Y. Chandrachud that the Jammu and Kashmir Constituent Assembly did not intend for Article 370 to be abrogated and that it had envisioned for the Constitution of India to apply to J&K with modifications and exceptions. During the hearing, CJI Chandrachud also enquired …

Supreme Court hearing on Article 370 abrogation | Day 3
1 year, 4 months ago

Supreme Court hearing on Article 370 abrogation | Day 3

The Hindu  

Senior advocate Kapil Sibal on August 8 apprised a Constitution Bench headed by Chief Justice of India D.Y. Gavai, and Surya Kant, has been adjudicating upon a batch of petitions challenging the abrogation of Article 370 of the Constitution that bestowed special status on the erstwhile State of Jammu and Kashmir. The court on August 3 asked whether Article 370, …

Supreme Court hearing on Article 370 abrogation | Day 2
1 year, 4 months ago

Supreme Court hearing on Article 370 abrogation | Day 2

The Hindu  

Senior advocate Kapil Sibal on August 3 argued before the Supreme Court that the Legislature did not have the power to recommend the abrogation of Article 370 as per the provisions of the Jammu & Kashmir Constitution. During the hearing on August 2, Chief Justice of India D.Y Chandrachud enquired as to whether Article 370 was a provision in the …

Supreme Court Rejects Advocates' Association's Plea Challenging HC Instructions To District Courts On Disposal Of Old Cases
1 year, 5 months ago

Supreme Court Rejects Advocates' Association's Plea Challenging HC Instructions To District Courts On Disposal Of Old Cases

Live Law  

The Supreme Court, on Monday, refused to entertain a petition filed by the OBC Advocates Welfare Association assailing the legality of three circulars issued by the Madhya Pradesh High Court asking District and Sessions Courts to dispose of 25 of their oldest cases every quarter to clear pendency. The Chief Justice of the Madhya Pradesh High Court intervened and asked …

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts
1 year, 5 months ago

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts

Live Law  

The Supreme Court recently refused to interfere with the selection process to judicial services conducted by the Gauhati High Court, Gujarat High Court and Patna High Court in a batch of matters being heard by the Top Court in a reference made to the Constitution Bench in Tej Prakash Pathak and others v. Rajasthan High Court and others 4 SCC …

Supreme Court to hear petitions challenging scrapping of Article 370 from August 2
1 year, 5 months ago

Supreme Court to hear petitions challenging scrapping of Article 370 from August 2

India Today  

The Supreme Court will hear from August 2 petitions challenging the abrogation of Article 370 that granted special status to the erstwhile state of Jammu and Kashmir. During the hearing, the Supreme Court made it clear that it would not hear the fresh affidavit filed by the Centre regarding the situation in Jammu and Kashmir. Senior advocate Raju Ramachandran told …

India top court to hear pleas on Article 370 removal in Kashmir
1 year, 5 months ago

India top court to hear pleas on Article 370 removal in Kashmir

Al Jazeera  

Supreme Court says it will begin hearing petitions challenging Modi government’s decision to revoke region’s limited autonomy next month. India’s top court has begun considering a challenge to the 2019 imposition of direct rule in Indian-administered Kashmir, a snap decision accompanied by mass arrests and a months-long internet blackout. Modi’s government defended the decision in an affidavit sent to the …

High Courts not empowered to issue a direction for invocation of Article 355 of the Constitution, rule judges
1 year, 5 months ago

High Courts not empowered to issue a direction for invocation of Article 355 of the Constitution, rule judges

The Hindu  

A High Court, under Article 226 of the Constitution, does not have the power to issue a direction to the Centre to invoke Article 355 which enjoins upon the Centre a duty to protect States against external aggression and internal disturbance besides ensuring that the government of every State is carried on in accordance with the constitutional provisions. The judges …

Supreme Court’s Constitution Bench to take up petitions challenging abrogation of special status under Article 370 on July 11
1 year, 5 months ago

Supreme Court’s Constitution Bench to take up petitions challenging abrogation of special status under Article 370 on July 11

The Hindu  

A Constitution Bench led by Chief Justice of India D.Y. Chandrachud will take up on July 11 a series of petitions challenging the dilution of Article 370 of the Constitution, which deprived Jammu and Kashmir of its special privileges and led to the bifurcation of the State in 2019. The Parliament was not consulted when the President incorporated Article 35A …

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court
1 year, 9 months ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

Live Law  

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

'You Can Ask For VC Facility': Supreme Court Dismisses Plea For HP High Court Bench At Dharamshala
1 year, 10 months ago

'You Can Ask For VC Facility': Supreme Court Dismisses Plea For HP High Court Bench At Dharamshala

Live Law  

The Supreme Court of India on Wednesday refused to entertain a petition seeking the constitution of a bench for the Himachal Pradesh High Court at Dharamshala. The petition filed by Kangra District Bar Association was heard by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. At the outset, CJI DY Chandrachud asked the counsel …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
1 year, 11 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

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

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

Live Law  

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

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

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

Live Law  

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

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

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

Live Law  

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

"Ignorance Of Law Is No Defence" : Supreme Court Junks A Writ Petition U/Art. 32 Seeking Expeditious Hearing Of A Petition Pending Before Calcutta HC
2 years, 1 month ago

"Ignorance Of Law Is No Defence" : Supreme Court Junks A Writ Petition U/Art. 32 Seeking Expeditious Hearing Of A Petition Pending Before Calcutta HC

Live Law  

"Ignorance of law is no defence", the Supreme Court remarked while dismissing a writ petition seeking directions for expeditious hearing of a petition pending before a High Court.One Nepal Das had approached the Apex Court by filing a writ petition seeking expeditious hearing of petition by the Calcutta High Court. "Ignorance of law is no defence", the Supreme Court remarked …

'No Locus': High Court Junks Plea Against ST Status & Reservation Granted To 'Pahari Speaking People' Of Jammu & Kashmir
2 years, 1 month ago

'No Locus': High Court Junks Plea Against ST Status & Reservation Granted To 'Pahari Speaking People' Of Jammu & Kashmir

Live Law  

The Jammu & Kashmir & Ladakh High Court recently upheld the amendments to the Jammu and Kashmir Reservation Rules, 2005, by which 4 percent reservation was provided to 'Pahari Speaking People' in respect of each service, class, category and grade in services and posts under the Union Territory. The Court said that a writ petition under Article 226 of the …

Supreme Court dismisses 'publicity interest litigation' on Taj Mahal
2 years, 2 months ago

Supreme Court dismisses 'publicity interest litigation' on Taj Mahal

Firstpost  

A bench of justices M R Shah and M M Sundresh refused to interfere with the Allahabad High Court order that had dismissed the plea New Delhi: The Supreme Court on Friday junked a plea seeking a “fact-finding inquiry” into the history of the Taj Mahal and the “opening of 22 rooms” on the monument’s premises, terming it “publicity interest …

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court
2 years, 2 months ago

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court

Live Law  

The Madhya Pradesh High Court has reiterated that mere issuance of notice on a plea does not create a 'binding precedent' on courts, as it does not lay down any proposition of law to be followed in future.Justice Vivek Agarwal explained that 'Precedent' refers to a decision that is considered as an "authority" for deciding subsequent cases involving identical or …

Rajiv Gandhi Assassination Case : Supreme Court Issues Notice To Centre, TN Govt On Plea By Nalini & Ravichandran For Premature Release
2 years, 2 months ago

Rajiv Gandhi Assassination Case : Supreme Court Issues Notice To Centre, TN Govt On Plea By Nalini & Ravichandran For Premature Release

Live Law  

The Supreme Court on Monday issued notice on the special leave petitions filed by Rajiv Gandhi assassination convicts Nalini Srihar and R.P. The petitioners then moved the Madras High Court for a sanction of their release, relying on the Supreme Court's decision earlier this year to invoke its extraordinary powers under Article 142 and release another convict, A.G. Perarivalan. But …

Supreme Court Weekly Round Up : September 12 To September 17,2022
2 years, 3 months ago

Supreme Court Weekly Round Up : September 12 To September 17,2022

Live Law  

Hyderpora Encounter - "Decent Burial Given, Last Rites Performed By State" : Supreme Court Dismisses Father's Plea For Handing Over Son's Body Case Status: Mohammad Latief Magrey v. Union Territory of Jammu Kashmir And Ors. Supreme Court Issues Notice On Plea Challenging Constitutional Validity Of Goa Cess On Fluid Milk Act, 2000 Case Status: Goa State Co-Op Milk Producers Union …

Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court
2 years, 3 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, 3 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, 3 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 …

Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court
2 years, 4 months ago

Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court

Live Law  

The Supreme Court disapproved the entertaining of writ petitions seeking execution of Arbitration awards passed against National Highways Authority of India. "If the High Courts convert itself to the Executing Court and entertain the writ petitions under Article 226 of the Constitution of India to execute the award passed by the Arbitral Tribunal/Court, the High Courts would be flooded with …

[Delhi Govt vs LG] Justice DY Chandrachud Led Constitution Bench To Hear The Issue Of Control Of Services
2 years, 4 months ago

[Delhi Govt vs LG] Justice DY Chandrachud Led Constitution Bench To Hear The Issue Of Control Of Services

Live Law  

The Chief Justice Of India, NV Ramana today said that he has constituted a bench led by Justice DY Chandrachud to decide upon the questions pertaining to the legal dispute between the Delhi Government and the Central Government regarding the control over administrative services in the national capital.A 3-judge bench of the Supreme Court had in May 2022, referred the …

Discover Related