Search Results for Tag : Writ petition
News
SC: Writ Petition Should Normally not be Entertained Against Mere Issuance of Show Cause Notice(18.11.2019)
Supreme Court has reiterated that a writ petition should normally not be entertained against mere issuance of show cause notice. The Court further not.....
Tags : SC, Writ Petition
Bombay HC: Writ Petition Not Maintainable as Statutory Alternative Remedy is Available Under MVAT Act(02.11.2021)
Bombay High Court has ruled that the writ petition is not maintainable as Statutory Alternative Remedy is available for under Maharashtra Value Added .....
Tags : Bombay High Court, Writ Petition
CONTRACT - Writ Petitions in Contract Matters Maintainable When There is Arbitrariness By State: SC(22.03.2019)
Supreme Court has reiterated that even in contract matters, a writ petition under Article 226 of the Constitution of India can be entertained by the h.....
Tags : Supreme Court, Writ Petitions, Contract Matters
Supreme Court on Judicial Vacancies: 'We Cannot Run Away From Our Own Cause'(30.01.2017)
Supreme Court, while noting that “we cannot run away from our own cause”, has refused to heed to Centre's urging to stop hearing a batch of writ petit.....
Tags : Supreme Court, judicial vacancies, writ petitions
SC: WP Can be Allowed to Examine if Conditions to Issue Notice U/S 148 IT Act Are Satisfied(09.01.2023)
Supreme Court has held that writ petitions can been entertained to examine whether the conditions for the issuance of notice under Section 148 of the .....
Tags : Supreme Court, Writ Petitions, Income-Tax, Notice
Writ Petitions can be Filed in Hindi With Authentic English Translation: Patna HC(01.05.2019)
Patna High Court has held that writ petitions can be filed in Hindi but it will have to be accompanied by an authentic English version of the petition.....
Tags : Patna High Court, Writ Petition in Hindi, English Translation
Madhya Pradesh HC: If Efficacious Remedy Available Before Arbitrator Writ Will Not be Maintainable(15.04.2024)
Madhya Pradesh High Court has held that if an efficacious contractual remedy is available before the Arbitrator then the writ petition will not be ent.....
Tags : Madhya Pradesh High Court, Contractual Remedy, Writ Petition
Madras HC: Writ Petition Maintainable Against Pvt Body When it Has Public Duty Conferred on it(20.06.2019)
Madras High Court has observed that writ petition is maintainable against any private body even if it has a public duty imposed on it. The public mono.....
Tags : Madras HC, Writ Petition
SC Stays MP HC Judgment Entertaining 3rd Writ Petition Against Termination After 20 Yrs(13.05.2021)
Supreme Court has stayed the judgments of a Single Judge and Division Bench of the Madhya Pradesh High Court by which, entertaining a third writ petit.....
Tags : Supreme Court, Writ Petition Against Termination
Cal. HC Orders Probe in ‘Fake Writ Petition’ Filing By Co-operative Society Members(30.03.2023)
Calcutta High Court has directed ADGP, CID, West Bengal to initiate criminal proceedings and probe against persons who were allegedly involved in fili.....
Tags : Calcutta High Court, Fake Writ Petition, Co-operative Society
P & H HC Restricts Filing of Multiple Writ Petitions on Similar Cause of Action(22.07.2020)
Punjab and Haryana High Court last week restricted the practice of filing multiple writ petitions with regard to the same or similar cause of action.
Tags : Punjab and Haryana High Court, Filing of Multiple Writ Petitions
Supreme Court: Petitioner Allowed to Convert Writ Petition into Special Leave Petition(25.07.2024)
Supreme Court while allowing a petitioner to convert writ petition into special leave petition, has observed that it would be expedient for the ends o.....
Tags : Supreme Court, Writ Petition, Special Leave Petition
Judgments
Public Interest Litigation does not lie in service matters.(10.01.2017)
Instant writ petition is filed by Petitioner said to be an NGO being a trust registered under Indian Trust Act, 1882. Petitioner is “Central Bank Reti.....
Tags : Locus standi, Writ Petition, Maintainability
Kerala HC: Litigant Can’t Invoke Extraordinary Jurisdiction of HC If Alternative Remedy Available(10.05.2022)
Kerala High Court while disposing of the writ petition has ruled that when there is an alternative and equally efficacious remedy opens to a litigant,.....
Tags : Kerala High Court, writ petition, High Court, litigant
Delhi HC: Writ Petition Relation to Industrial Dispute to Not Be Listed(22.09.2020)
Delhi High Court has held that a writ petition relating to an industrial dispute shall not be listed unless it discloses 'exceptional circumstances' i.....
Tags : Delhi High Court, Writ Petition to Industrial Dispute
SC: Writ Petition Not Maintainable Against Judicial Order Passed by High Court(11.09.2020)
Supreme Court has held that a writ petition under Article 226 of the Constitution of India, 1949 would not be maintainable in order to challenge which.....
Tags : Supreme Court, Writ Petition Against Judicial Order
Delhi HC: Writ Petition Can be Filed Only When Statutory Remedies are Entirely Exhausted(06.06.2022)
Delhi High Court has held that writ petition can be filed only when statutory remedies are entirely exhausted to meet demands of extraordinary situati.....
Tags : Delhi High Court, Writ Petition, Statutory Remedies
SC: WP Not Maintainable if Suit for Same Relief was Withdrawn Without Liberty to File Afresh(14.07.2023)
Supreme Court has held that a writ petition (WP) that is filed after suit seeking same relief was withdrawn without liberty to filed afresh, is not ma.....
Tags : Supreme Court, Writ Petition, Res Judicata, Maintainable
JKL HC: Can’t Entertain WP on Ground of Mistake of Law/Facts Unless There is Miscarriage of Justice(23.08.2023)
Jammu and Kashmir and Ladakh High Court has held that petition under Article 227 of the Constitution cannot be moved merely on ground of mistake of fa.....
Tags : Jammu and Kashmir and Ladakh High Court, Miscarriage of Justice, Writ Petition
When a statutory form is created by law for redressal of grievance, a writ petition cannot be entertained ignoring the statutory dispensation(01.01.2021)
The instant petition has been filed for the issuance of a writ in the nature of mandamus under Article 226 of the Constitution of India, 1950 directin.....
Tags : Writ petition, Maintainability, Alternative remedy
Ori. HC: Although Limitation Act is Not Strictly Applicable to a Writ Petition, But the Principles Ap(21.03.2025)
Ori. High Court has observed that although the Limitation Act, 1963 is not strictly applicable to a writ petition, but the principles apply. Delay or .....
Tags : Orissa High Court, Limitation Act, Writ Petition
SC: Party Aggrieved by Order of MSEFC can File WP, Refers Question to Larger Bench for Consideration(23.01.2025)
SC has stated that a party that is aggrieved by an order passed by Micro and Small Enterprises Facilitation Council (MSEFC) under S. 18 of MSME Act ca.....
Tags : Supreme Court, MSME Act, Writ Petition
SC Disapproves HC's Practice of Summoning Officers who Passed Order Impugned in Writ Petitions(11.12.2019)
Supreme Court has disapproved the practice of summoning officers by the High Court while considering the writ petitions which impugns the orders passe.....
Tags : SC, Writ Petitions
Madras HC: Writ Petition in High Court Not Maintainable if Statutory Alternative Remedy Available(21.10.2021)
Madras High Court has held that the writ petition in High Court is not maintainable if Statutory Alternative Remedy is available under Central Goods a.....
Tags : Madras High Court, Writ Petition in High Court
Supreme Court Reiterates No Bar in Rejecting 'Admitted' Writ Petition on Ground of Alternative Remedy(25.11.2019)
Supreme Court has reiterated that after admitting a writ petition there is no bar on a High Court to reject it on the ground of alternate remedy.
Tags : Supreme Court,Writ Petition
Writ Petition Can Be Converted to Appeal under Arbitration Act, S.37 if No Prejudice to Respondents:(08.09.2025)
Allahabad HC allowed conversion of a writ under Article 227 into an appeal under Section 37 of the ACA, holding that if a proceeding is not maintainab.....
Tags : Writ Petition, Appeal, Prejudice, Arbitration
If borrower is aggrieved by any of the actions of the private bank, borrower has to avail the remedy under the SARFAESI Act and no writ petition is maintainable(12.01.2022)
The original Respondent - the Assets Reconstructing Company (ARC) has preferred the present appeals against the impugned order passed by the High Cour.....
Tags : Writ petition, Maintainability, Alternate remedy
Writ petition filed under Article 227 of Constitution before High Court is maintainable against the National Commission's Appellate Order(13.05.2022)
The original Respondent before the High Court has preferred the present appeal against impugned interim order passed by the High Court, by which the l.....
Tags : Jurisdiction, Writ petition, Maintainability
SC Rejected Writ Petition Seeking Review of Judgment Upholding WB Madrasah Service Commission Act(16.09.2025)
Supreme Court rejected a writ petition by Contai Rahamania High Madrasah seeking to reconsider its 2020 ruling upholding the West Bengal Madrasah Serv.....
Tags : Writ Petition, Misconceived, West Bengal Madrasah Service Commission Act