Writ

A writ petition involving a consequential relief of monetary claim is maintainable

2 min read

Writ

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...

Condition for entertaininga Public Interest Litigation

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Writ

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...

Whether a writ proceeding is civil or criminal depends on the nature of relief claimed and grounds for such relief

7 min read

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...

A second writ petition for issuing a writ of habeas corpus is barred by principles of res judicata.

2 min read

Writ

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...

Writ of certiorari- an Indian historical perspective

6 min read

Writ

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...

15 min read

Writ

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...

Whether the principle of constructive res judicata is applicable to writ petitions or not-Yes

12 min read

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...

DR. SUBRAMANIAN SWAMY Vs. THE ELECTION COMMISSION OF INDIA AND OTHERS [ALL HC 2007 ALLAHABAD]

124 min read

Writ

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...

Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.

2 min read

Writ

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,?...

4 min read

Writ

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...

46 min read

Writ

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...

United States Code

A writ petition involving a consequential relief of monetary claim is maintainable

Condition for entertaininga Public Interest Litigation

Whether a writ proceeding is civil or criminal depends on the nature of relief claimed and grounds for such relief

A second writ petition for issuing a writ of habeas corpus is barred by principles of res judicata.

Writ of certiorari- an Indian historical perspective

Alternative remedy shall not bar application u/a 226 of Constitution on grounds of fundamental rights, natural justice and challenging Vires

Whether the principle of constructive res judicata is applicable to writ petitions or not-Yes

DR. SUBRAMANIAN SWAMY Vs. THE ELECTION COMMISSION OF INDIA AND OTHERS [ALL HC 2007 ALLAHABAD]

Whether Habeas corpus could be maintained if a person is in police custody by remand order-SC said no.

The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

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

State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY]

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