writ jurisdiction Archives

All wrong cannot be cured by the writ Court; Calcutta High Court dismisses petition by Vishva Hindu Parishad for book stall request at International Kolkata Book Fair

Kolkata is widely known and recognized for literary works. There are similar fairs and events, may not be of the same scale, organized in various parts of the State. The petitioners would be hardly prejudiced if they are not able to participate in the subject fair. The petitioners can always showcase their books and news articles elsewhere and there is absolutely no restriction in doing so.

Case Briefs High Courts

Non-compliance of natural justice principles, an exception to Rule of Discretion vis-a-vis exercise of HC’s jurisdiction under Art. 226: Karnataka HC

Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.

Experts Corner Vasanth Rajasekaran

Writ Jurisdiction and Arbitral Autonomy: Striking the Right Balance in India’s Arbitration Landscape

by Vasanth Rajasekaran* and Harshvardhan Korada**

Case Briefs High Courts

Kshetriya Shri Gandhi Ashram not State under Art. 12 of Constitution: Allahabad High Court

“Kshetriya Shri Gandhi Ashram is a regional body. Its parent body is the Shri Gandhi Ashram, Lucknow. There is no statute regulating the functioning of society or providing the State and its Officers with control over their affairs.”

Case Briefs High Courts

Manohar Parrikar Institute for Defence Studies and Analyses is an ‘instrumentality of State’ under Article 12 of the Constitution: Delhi High Court

An entity is required to be tested on three parameters namely, (a) financial, (b) functional, and (c) administration for its inclusion as ‘other authority’ in Article 12 of the Constitution.

Case Briefs High Courts

Disputes arising from commercial contracts with Government not amenable to writ jurisdiction; remedy available in civil law: Telangana High Court

“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”

Case Briefs High Courts

‘Can’t approach Writ Court to enforce Contract of personal service’; Calcutta High Court dismisses Writ Petition on Termination of Employment by Private School

Calcutta High Court held that a party can resort to the writ jurisdiction only if there involves public law element and not to enforce a contract of personal service, including all matters relating to the service of the employee-confirmation, suspension, transfer, termination, etc.

Case Briefs High Courts

Whether RCCIIT amenable to writ jurisdiction? Calcutta High Court refers ‘issue of maintainability’ to Larger Bench

The Calcutta High Court referred the issue to a larger bench in order to ensure judicial discipline and uniformity.

Case Briefs High Courts

Delhi High Court holds South Asian University to be out of the purview of ‘State’ and thus not amenable to writ jurisdiction

The interpretation of the term other authority has evolved over a period of time where the judicial dictum, at various instances has decided for inclusion or exclusion of various authorities under Article 12 of the Constitution of India.

Case Briefs High Courts

No absolute bar on writ jurisdiction of High Courts in promissory estoppel disputes between State and its instrumentalities: J&K and Ladakh HC

The case revolved around a special package sanctioned by the Govt. of India for the revival of infrastructural projects which were affected severely due to rise of militancy in Jammu and Kashmir in the 1990s.

Case Briefs High Courts

“Disputes requiring both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction”: Karnataka HC reiterates

“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.

Case Briefs High Courts

Delhi High Court| Air India not ‘State’ under Article 12 after privatization; Employees of Air India Limited no longer fall within the domain of ‘public employment’

Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.

Case Briefs High Courts

Writ jurisdiction cannot be invoked to avoid contractual obligations or to modify the contract: Delhi High Court upholds Single Judge’s decision

The writ court should not exercise its powers under Article 226 of the Constitution which will obstruct contractual rights between the parties.

Case Briefs Supreme Court

Mere availability of an alternative remedy of appeal or revision would not oust High Court’s jurisdiction and render a writ petition “not maintainable”: Supreme 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.

Case Briefs Supreme Court

Explained| Is there an absolute bar on judicial review of State’s ‘arbitrary’ action in matters arising from non-statutory contracts?

Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a

Case Briefs High Courts

Patna High Court directs the Chancellor, Universities of Bihar to consider and decide issues pertaining to illegal appointments of Vice-Chancellors

Patna High Court: In a writ petition filed for the quashing of the illegal appointments of Vice-Chancellors, Pro Vice Chancellors and other

Case Briefs Supreme Court

Employees cannot invoke writ jurisdiction against private educational institution for disputes relating to ordinary contract of service: Supreme Court

“Individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a writ petition under Article 226.”