Writ Law Digest

Under Article 226 of the Constitution, the jurisdiction of a High Court to issue appropriate writs particularly a writ of Mandamus is highly discretionary. The relief cannot be claimed as of right. One of the grounds for refusing relief is that the person approaching the High Court is guilty of unexplained delay and the laches. Inordinate delay in moving the court for a Writ is an adequate ground for refusing a Writ. The principle is that courts exercising public law jurisdiction do not encourage agitation of stale claims and exhuming matters where the rights of third parties may have accrued in the interregnum.

• A second writ petition for issuing a writ of habeas corpus is barred by principles of res judicata. - The doctrine of res judicata may not apply in case a writ petition under Article 32 of the Constitution is filed before this Court after disposal of a habeas corpus writ petition under Article 226 of the Constitution by the High Court. However, it is not possible to re-approach the High Court for the same relief by filing a fresh writ petition for the reason that it would be difficult for the High Court to set aside the order made by another Bench of the same court.
• A writ petition involving a consequential relief of monetary claim is maintainable - Supreme Court in Mahabir Auto Stores and others Vs. Indian Oil Corporation and others held that the State or its instrumentality, when engaged in commercial transactions, must act reasonably, and should inform and take into confidence the adverse party against whom
• Alternative remedy shall not bar application u/a 226 of Constitution on grounds of fundamental rights, natural justice and challenging Vires - (2011) 2 CalHCN 28 : (2011) 129 FLR 322 : (2011) LabLR 597 : (2011) 4 LLJ 121 CALCUTTA HIGH COURT DIVISION BENCH ( Before : Sambuddha Chakrabarti, J; Baskar Bhattacharya, J ) PARAMOUNT LEATHERS — Appellant Vs. REGIONAL PROVIDENT
• Bharatiya Janata Party West Bengal Vs. State of West Bengal & Ors.[ALL SC 2018 APRIL] - KEYWORDS:- Panchayat Elections- Election Violetion- DATE:- April 09, 2018. Once the election process has been set in motion, the Court ought not to interfere ACT:-Article 32 of the Constitution of India AND West Bengal Panchayat Elections Act, 2003 SUPREME COURT OF INDIA
• Calcutta High Court held: Illegal intrusion of police into Howrah Court premises is violation of Constitution and Laws (29/04/2019) - The need for a building for a court is fundamental to its existence. Judicial institutions are the institutions of the national life contemporaneous with the fact that they are the seeds of dispensation of the Judicial Authority under the Constitution and the Laws. Such authority of the Court being inseparable element of the sovereign, unauthorised intrusion into its premises and the activities would stand to breach the Constitution and the Laws. The executive agency of a State, viz., the Government, has the constitutional duty to provide infrastructure for the Courts and also to protect those institutions and premises dedicated for activities in connection with the Courts.
• Central Vista Project has national importance, where sovereign functions of Parliament are to be conducted-DHC-31/05/2021 - This work is part and parcel of Central Vista Project and of vital public importance. The construction of Central Vista Avenue Redevelopment Project cannot be seen in isolation. In fact, the whole Central Vista Project is an essential project of National importance, where the sovereign functions of Parliament are also to be conducted. Public is vitally interested in this project.
• Condition for entertaininga Public Interest Litigation - At the first instance the petitioner has to satisfy this Court that he is entitled to maintain this writ petition as a public interest litigation. Such public interest litigations are entertained as a means to vindicate the grievances of the
• Dr. Ashwani Kumar Vs. Union of India and Another – 5/09/2019 - The right to life with dignity under Article 21, this Hon'ble Court may be pleased to direct the Central Government to enact a suitable stand-alone, comprehensive legislation against custodial torture as it has directed in the case of mob violence/lynching vide its judgment 17th July 2018.
• Dr. Bimal Kumar Raj & Ors. VS The State of West Bengal and Ors.[CHC]-26/07/2019 - Land acquisition-In a democratic polity the larger interest of the populous has to be given weightage. The minuscule minority has to understand and accept the larger and more laudable need for overall development of the district and the economy of the State. Such larger interest is in the overall Socio-Economic development of the State. Employment generation, revenue income, poverty alleviation in an entire district must be given primacy over the small personal and individual shenanigans.
• Dr. Sabu Mathew George Vs. Union of India and Others [SC 2017 December] - KEYWORDS: PIL-SEX SELECTION- Exposer to internet- DATE : December 13, 2017- Many are guided by inappropriate exposure to the internet. The respondents have a role to control it and if any concrete suggestion is given by the petitioner, the same
• DR. SUBRAMANIAN SWAMY Vs. THE ELECTION COMMISSION OF INDIA AND OTHERS [ALL HC 2007 ALLAHABAD] - Supreme court dismissed the writ petition U/a 32, now the High court shall not entertain  a petition U/A 226 of the Constitution. After dismissal of the writ petition by the Hon'ble Apex Court, the petitioner has not filed any review petition. It was open to the petitioner to file review and in case of its dismissal a curative petition. He has failed to point out as to why the same was not done. At his juncture, we may clarify that before Hon'ble Apex Court Annexure P-14 (which is annexure No. 1 to the instant writ petition), the order passed by respondent No. 2 dated 23.10.2004 was challenged. In the given circumstances, we find that neither review was filed nor any curative petition was filed nor it is stated before this Court that any such petition is pending before the Hon'ble Apex Court. Accordingly, finality is to be attached to the order passed by the Hon'ble Apex Court on 11.4.2005. Even at this stage, the petitioner has not pressed before this Court that he is inclined to file such petition before the Hon'ble Apex Court. Consequently, we have to proceed with the matter with the assumption that the order passed by Hon'ble Apex Court has become final as the same has not so far been challenged before the Hon'ble Supreme Court.
• HCs u/a 226 is not competent to entertain petitions regarding improper rejection of nomination papers - We are informed that besides the Madras High Court, seven other State High Courts have held that they have no jurisdiction under Art. 226 of the Constitution to entertain petitions regarding improper rejection of nomination papers. This view is in my opinion correct and must be affirmed.
• Kamini Jaiswal Vs. Union of India & ANR[SC 2017 NOV] - KEYWORDS: FORUM SHOPPING-FORUM HUNTING BY SENIOR LAWYER It is not obligatory for this Court to give reasons for dismissing the writ petition. Day in and day out in countless cases, while refusing to interfere with the orders this Court dismisses
• State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY] - KEYWORDS:- CBI INVESTIGATION-WRIT POWER- Despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these Constitutional powers This extra-ordinary power must
• The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal - In Bathutmal Raichand Oswal vs. Laxmibai R. Tarta and another, (1975) 1 SCC 858, this Court held : “The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal when the
• The remedy under Article 226 is extraordinary and is of Anglo-Saxon vintage but it is not a carbon copy of English processes. - To appreciate the legal position we only wish to refer to two of the decisions of this Court reported in Dwarakanath v. Income Tax Officer 1965 (2) SCJ 296 and Gujarat Steel Tubes Ltd. and Others Vs. Gujarat Steel Tubes
• UNION OF INDIA (UOI) Vs. H.C. GOEL - Article 311 consists of two sub-articles and their effect is no longer in doubt. The question about the safeguards provided to the public servants in the matter of their dismissal, removal or reduction in rank by the Constitutional provision contained
• When in contractual matters involving the state or its instrumentality writ interference can be resorted - DDA is acting unfairly, unjustly and unreasonably, even in contractual matters, appropriate relief can be granted. Judicial pronouncements on the issues as to when in contractual matters involving the state or its instrumentality writ interference can be resorted : Delhi High Court
• Where rights which are claimed are purely of a private character no mandamus to be issued- Allahabad HC-19/11/2020 - Where the rights which are sought to be agitated are purely of a private character no mandamus can be claimed, and even if the relief is sought against the State or any of its instrumentality the pre-condition for the issuance
• Where the Disciplinary Authority records a finding unsupported by any evidence or a finding which no reasonable person could have arrived at, the writ court would be justified and grant relief in appropriate cases. - ALLAHABAD BANK & ORS. Versus KRISHNA NARAYAN TEWARI - 02/01/2017
• Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere - Supreme Court in the case of Allahabad Bank & Ors. v. Krishna Narayan Tewari [Civil Appeal No.7600 of 2014], it was held that the though “it is true that a writ court is very slow in interfering with the findings of facts
• Whether a writ proceeding is civil or criminal depends on the nature of relief claimed and grounds for such relief - Whether a writ proceeding is civil or criminal, depends on the nature of relief claimed and grounds for such relief. “Civil Proceedings” or “Criminal Proceedings” are not defined anywhere. The Constitution of India does not define the expression, “Civil Proceeding”
• Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no. - September 05, 2018. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation,? In
• Whether the principle of constructive res judicata is applicable to writ petitions or not-Yes - 07-10-1964-There can be no doubt that the fundamental rights guaranteed to the citizens are a significant feature of our Constitution and the High Courts under Art. 226 are bound to protect these fundamental rights. There can also be no doubt that if a case is made out for the exercise of its jurisdiction under Art. 226 in support of a citizen's fundamental rights, the High Court will not hesitate to exercise that jurisdiction. But the question as to whether a citizen should be allowed to challenge the validity of the same order by successive petitions under Art. 226, cannot be answered merely in the light of the significance and importance of the citizens' fundamental rights. The general principle underlying the doctrine of res judicata is ultimately based on considerations of public policy. One important consideration of public policy is that the decisions pronounced by courts of competent jurisdiction should be final, unless they are modified or reversed by appellate authorities; and the other principle is that no one should be made to face the same kind of litigation twice over, because such a process would be contrary to considerations of fair play and justice, vide : Daryao and Others Vs. The State of U.P. and Others, .
• Writ Law Digest - Under Article 226 of the Constitution, the jurisdiction of a High Court to issue appropriate writs particularly a writ of Mandamus is highly discretionary. The relief cannot be claimed as of right. One of the grounds for refusing relief is
• Writ of certiorari- an Indian historical perspective - A writ of certiorari like the writ of prohibition is a judicial writ of antiquity and it is the ordinary process by which the Court of King’s Bench Division exercises control over the acts of bodies vested with inferior jurisdiction.
• Writs under Article 226 is a public law remedy can affect any person, even a private individual-SC - The expansive and extraordinary power of the High Courts under Article 226 is as wide as the amplitude of the language used indicates and so can affect any person - even a private individual - and be available for any (other) purpose - even one for which another remedy may exist.
• Yashwant Sinha & Ors. Vs. Central Bureau of Investigation through its Director & ANR – 10/04/2019 - Under the common law both in England and in India the context for material being considered by the court is relevancy. There can be no dispute that the manner in which evidence is got namely that it was procured in