Articles for Writ Jurisdiction

Disputes Regarding Title, Possession Not Subject Matter Of Writ Jurisdiction: Jharkhand HC Dismisses Plea Against Housing Board's Interference
2 weeks, 4 days ago

Disputes Regarding Title, Possession Not Subject Matter Of Writ Jurisdiction: Jharkhand HC Dismisses Plea Against Housing Board's Interference

Live Law  

The Jharkhand High Court recently dismissed a writ petition seeking relief against alleged interference with the petitioner's possession and ownership of property, while ruling that disputes involving questions of "right, title, interest and possession" require evidence and cannot be adjudicated under writ jurisdiction. Justice Anubha Rawat Choudhary, presiding over the case, stated, “This Court finds that there is serious dispute …

Writ Jurisdiction Property Court Writ Case Respondent Proceedings
Tax Monthly Digest: November 2024
2 weeks, 6 days ago

Tax Monthly Digest: November 2024

Live Law  

SUPREME COURT DRI Officers Can Issue Show-Cause Notices Under Customs Act : Supreme Court Allows Review Against 'Canon India' Judgment Case Details : COMMISSIONER OF CUSTOMS vs. M/S CANON INDIA PRIVATE LIMITED Case no. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma ruled, “Assessee's contention that E4e Healthcare is functionally dissimilar to the assessee and therefore, could …

Delhi Supreme Court Writ Petition Writ Jurisdiction Tax Court Uttar Pradesh
Punjab & Haryana High Court Upholds Dismissal Of Punjab Police Constable Made 30 Years Ago For Being In 'Contact With Extremists'
3 weeks, 4 days ago

Punjab & Haryana High Court Upholds Dismissal Of Punjab Police Constable Made 30 Years Ago For Being In 'Contact With Extremists'

Live Law  

The Punjab and Haryana High Court has upheld the dismissal of a Punjab Police Constable, who was expelled from service in 1995 on the basis of a specific intelligence report that he was in direct contact with extremists during the time the State was facing problem of terrorism.Taking note of the conduct of the petitioner, which the high court said …

High Court Jurisdiction Court West Bengal Writ Order Service
Writ Jurisdiction Cannot Be Invoked To Challenge Arbitral Award, Only To Circumvent Statutory Requirement Of S.19 Of MSMED Act: Delhi High Court
3 weeks, 5 days 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. …

Writ Jurisdiction Court Writ Statutory Act Award Petitioner
Govt Recognised Private Schools May Fall Under Writ Jurisdiction, But Writ Of Mandamus Limited To Public Law Actions: J&K High Court
1 month ago

Govt Recognised Private Schools May Fall Under Writ Jurisdiction, But Writ Of Mandamus Limited To Public Law Actions: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has held that while unaided private educational institutions recognized by the government or affiliated to statutory boards may qualify as “public authorities” amenable to writ jurisdiction, a writ of mandamus can only be issued if the actions of such institutions fall within the domain of public law rather than private law. Court's …

Law Jurisdiction Writ Jurisdiction Court Private Law Public Law Duty
Courts Can Examine Blacklisting Order In Writ Jurisdiction To Ensure Proportionality, Adherence To Natural Justice: Allahabad High Court
4 months, 3 weeks ago

Courts Can Examine Blacklisting Order In Writ Jurisdiction To Ensure Proportionality, Adherence To Natural Justice: Allahabad High Court

Live Law  

The Allahabad High Court has held that the Courts while exercising writ jurisdiction have the power to examine blacklisting order to ensure that principles of natural justice and doctrine of proportionality are followed. The Court held that “that any governmental or public authority's decision to blacklist a contractor is open to judicial review, ensuring adherence to natural justice principles, particularly …

Justice Writ Jurisdiction Court Natural Justice Courts Writ Order
[Central Excise Act] Mandatory Pre-Deposit U/S 35F For Filing Appeal Before CESTAT Can't Be Waived In Writ Jurisdiction: Allahabad High Court
7 months, 4 weeks ago

[Central Excise Act] Mandatory Pre-Deposit U/S 35F For Filing Appeal Before CESTAT Can't Be Waived In Writ Jurisdiction: Allahabad High Court

Live Law  

The Allahabad High Court has held that mandatory condition of pre-deposit prescribed under Section 35F of the Central Excise Act for filing appeals before the Customs Excise and Service Tax Appellate Tribunal cannot be waived under Article 226 of the Constitution of India. Alternatively, petitioner prayed for waiver of mandatory pre-deposit under Section 35F of the Central Excise Act while …

Writ Jurisdiction Tax Court Writ High Central Excise
Delhi High Court dismisses PIL seeking release of Arvind Kejriwal, imposes cost of Rs 75,000 on petitioner
8 months ago

Delhi High Court dismisses PIL seeking release of Arvind Kejriwal, imposes cost of Rs 75,000 on petitioner

Op India  

On 22nd April, Delhi High Court dismissed PIL seeking Aam Aadmi Party supremo and Delhi chief minister Arvind Kejriwal’s release on ‘extraordinary interim bail’. Delhi High Court questioned applicant if he was member of the United Nations The matter was heard by a bench led by Acting Chief Justice Manmohan. Further, this court in writ jurisdiction cannot grant extraordinary interim …

Delhi Writ Jurisdiction Court Delhi High Court Party Bar High
Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
8 months, 3 weeks ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

Disciplinary Proceedings Jurisdiction Writ Jurisdiction Evidence Court Disciplinary Punishment
Eradicate Sanatan remarks: SC questions Udhayanidhi Stalin's plea under writ jurisdiction for clubbing FIRs
8 months, 3 weeks ago

Eradicate Sanatan remarks: SC questions Udhayanidhi Stalin's plea under writ jurisdiction for clubbing FIRs

India TV News  

Tamil Nadu Minister Udhayanidhi Stalin, who approached the Supreme Court seeking a club of multiple FIRs against him for his "eradicate Sanatan dharma" remark, was asked how can he approach the apex court under writ jurisdiction with his plea. A bench of Justice Sanjiv Khanna and Justice Dipankar Datta told the minister that he could have filed a petition in …

Tamil Nadu Supreme Court Writ Jurisdiction Court Minister Sanatan Udhayanidhi
Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
10 months, 1 week ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

Writ Jurisdiction Court Civil Writ Survey Execution Approach
Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court
11 months, 1 week ago

Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court

Live Law  

The Kerala High Court recently held that the writ jurisdiction of the Court under Article 226 cannot be invoked seeking blanket general directions against the police for the prevention of registration of crimes. The petitioner, a native of Uttar Pradesh has approached the Court seeking a direction to prevent the registration of further FIRs against him on similar facts. On …

Kerala Writ Jurisdiction Court Registration Direction Firs Similar Facts
Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part I [Citations 1-150]
11 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Annual Digest 2023: Part I [Citations 1-150]

Live Law  

Nominal Index: Gulshan Nazir Vs Union of India 2023 LiveLaw 1 M/S Aisha Construction Vs JKCA 2023 LiveLaw 2 Manzoor Ahmad Mir Vs UT of J&K 2023 LiveLaw 3 Godrej Consumer Products Limited Versus Union of India 2023 LiveLaw 4 Mst Zaiba Vs Ghulam Ahmad Zargar & Ors 2023 LiveLaw 5 Zahid Nabi Khan Vs UT of J&K 2023 LiveLaw …

India High Court Writ Jurisdiction Public Order Constitution Natural Justice Kashmir
Customs Deputy Commissioner's Order Contrary To AAR's Ruling, Bombay High Court Quashes
1 year ago

Customs Deputy Commissioner's Order Contrary To AAR's Ruling, Bombay High Court Quashes

Live Law  

The Bombay High Court has quashed the customs deputy commissioner's order contrary to the ruling passed by the Authority of Advance Ruling.The bench of Justice G.S. The Bombay High Court has quashed the customs deputy commissioner's order contrary to the ruling passed by the Authority of Advance Ruling. Kulkarni and Justice Jitendra Jain has observed that the ruling passed by …

Writ Jurisdiction Court Chennai Customs Order High Ruling
HC Can't Interfere In Factual Findings Regarding Grant Of Arms License: Allahabad High Court
1 year ago

HC Can't Interfere In Factual Findings Regarding Grant Of Arms License: Allahabad High Court

Live Law  

The Allahabad High Court has held that the High Court exercising writ jurisdiction under Article 226 of the Constitution of India cannot interfere in factual findings returned by the Licensing Authority regarding the grant of arms license under the Arms Act, 1959. Pursuant to the order of the High Court, the District Magistrate, Jhansi rejected the application for a grant …

Writ Jurisdiction Court Held High Grant License Firearm
'Can't Allow Weaponization Of Writ Jurisdiction In Private Dispute': Bombay HC Junks Padma Shri Awardee's Plea Alleging Illegal Repairs
1 year ago

'Can't Allow Weaponization Of Writ Jurisdiction In Private Dispute': Bombay HC Junks Padma Shri Awardee's Plea Alleging Illegal Repairs

Live Law  

The Bombay High Court dismissed a petition by Padma Shri awardee Mustansir Barma alleging illegal repairs by the owner of ground floor of a building in Colaba observing that the court cannot permit writ jurisdiction to be “weaponized” by delving into disputed questions of fact. He alleged that Lambason Hotel and Restaurant Services had damaged the building's structural stability during …

Writ Jurisdiction Court Services Restaurant Building Hotel Pair
Karnataka High Court Monthly Digest - September 2023
1 year, 2 months ago

Karnataka High Court Monthly Digest - September 2023

Live Law  

Citations: 2023 LiveLaw 337 To 2023 LiveLaw 374 Project Vruksha Foundation V State Board For Wildlife. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said, “As the issue involved assumes importance being an issue relating to the admission qua reservation to transgender persons, in our opinion it will be in the interest of justice …

Karnataka Justice High Court Writ Jurisdiction Court Title State
Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
1 year, 2 months ago

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023

Live Law  

Nominal Index : Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw 365 Judgments/Orders Land Earmarked For Village Cattle Can Be Diverted For Larger Public Purposes Like Waste Disposal Unit: Karnataka High Court Case Title: Veerbhadra Gowda & ANR AND State of Karnataka & Others Case No: WRIT PETITION NO. Therefore, the offence punishable under Section 498A …

Karnataka Writ Jurisdiction Court Writ State High 2023
Govt Authorities Can't Use Alternate Remedy Doctrine As A 'China Wall' Against Invocation Of Writ Jurisdiction: Karnataka High Court
1 year, 3 months ago

Govt Authorities Can't Use Alternate Remedy Doctrine As A 'China Wall' Against Invocation Of Writ Jurisdiction: Karnataka High Court

Live Law  

The Karnataka High Court has observed that the doctrine of alternate remedy cannot be used as a rigid barrier against invocation of its writ jurisdiction, especially by entities falling under Article 12 of the Constitution. “In all cases, the entities answering Article 12 of the Constitution of India cannot press into service the doctrine of alternate remedy as the China …

Writ Jurisdiction Court Bank Writ Cat Kar Petitioner
Allahabad High Court Monthly Digest: August 2023
1 year, 3 months ago

Allahabad High Court Monthly Digest: August 2023

Live Law  

ORDERS/JUDGMENTS Goods In Transit Can’t Be Treated As Non-Traceable In Presence Of Tax Invoice, E-Way Bill And Bilty: Allahabad High Court Case Title: M/S Bhawani Traders vs. State of U.P. ‘Procedural review’ is an inherent power of every Court and Tribunal “to correct procedural illegality which goes to the root of the matter and invalidates the proceedings itself and consequently …

Writ Jurisdiction Goddess Durga Constitution Court Citation Compassionate Appointment Title
Borrowers Should Avail Statutory Remedies Under SARFAESI Act Before Invoking Article 226 Against Recovery Proceedings: Delhi High Court
1 year, 4 months ago

Borrowers Should Avail Statutory Remedies Under SARFAESI Act Before Invoking Article 226 Against Recovery Proceedings: Delhi High Court

Live Law  

The Delhi High Court recently observed that the SARFAESI Act provides statutory remedies for borrowers, including the right to appeal, and that the court should not interfere in recovery proceedings unless there is a clear violation of law. Justice Purushaindra Kumar Kaurav reiterated that the borrower will have to wait till measures under Section 13 of the SARFAESI Act for …

Writ Jurisdiction Court Proceedings Act Taken Measures Section 17
Allahabad High Court Weekly Round-Up: August 7 to August 13, 2023
1 year, 4 months ago

Allahabad High Court Weekly Round-Up: August 7 to August 13, 2023

Live Law  

NOMINAL INDEX Social Forum on Human Rights vs. State of U.P. And 3 Others 2023 LiveLaw 254 ORDERS/JUDGMENTS OF THE WEEK Allahabad High Court Refuses To Entertain PIL Alleging Illegal Arrests, Action For Breach Of Peace Against Social Workers Case Title: Social Forum on Human Rights vs. State of U.P. Transfer Order Allegedly In Violation Of State Policy Cannot Be …

Human Rights Writ Jurisdiction Court Order State High Fir
Calcutta High Court Weekly Round-Up: July 02 To July 09
1 year, 5 months ago

Calcutta High Court Weekly Round-Up: July 02 To July 09

Live Law  

Case: The New India Assurance Co. Ltd. v Winsome International Ltd. Citation: 2023 LiveLaw 180 The Calcutta High Court has ruled that where the supplier is a “medium enterprise” under Section 16 of the Micro, Small and Medium Enterprises Development Act, 2006, the rate of interest levied on the arbitral award would be at the bank rate notified by the …

Human Rights Justice High Court Court Proceedings Writ Jurisdiction Rights West Bengal
Right Of Forest Inhabitants For Claims Against Eviction To Be Heard By Forest Officer Not Limited To Recogonized Forest Communities : Supreme Court
1 year, 5 months ago

Right Of Forest Inhabitants For Claims Against Eviction To Be Heard By Forest Officer Not Limited To Recogonized Forest Communities : Supreme Court

Live Law  

The Supreme Court observed that the right of forest inhabitants for claims to be heard by Forest Officer is not limited only to certain recognized forest communities. In Banwasi Sewa Ashram case, certain Adivasi communities inhabiting the situate land were being evicted from their homes on grounds of the said land being subject to a Section 4 notification under the …

Supreme Court Writ Jurisdiction Evidence Court Uttar Pradesh Land Claims