Article 226 of the Constitution

Kerala High Court
Case BriefsHigh Courts

There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.

Allahabad High Court
Case BriefsHigh Courts

“Initially a writ petition was filed before the High Court in the year 2000 which was transferred to the Tribunal in 2017 and thereafter, it came to be dismissed in 2024, we request the Tribunal to grant priority to hearing of this petition, and expect that the Tribunal shall hear and decide the same within a period of five months”

rajasthan high court
Case BriefsHigh Courts

“The petitioner stated that is manifestly clear that the detainee’s life and well-being is in imminent danger and the respondents has failed to protect the detainee’s right under Article 21 of the Constitution, including her right to personal liberty.”

Case BriefsSupreme Court

The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.