Writ Court cannot resolve Private/Contractual Disputes or Questions of Ownership in Land Dispute Cases: Calcutta High Court
Calcutta High Court opined that such disputes should be resolved by the Civil Court.
writ petition
Writ Petition filed after Suit seeking same relief was withdrawn without liberty to file afresh not Maintainable: SC reiterates
The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.
Karnataka High Court slams the State authorities for delaying the reconstruction of a village school demolished to widen the Mysore Highway
Coming down furiously over the respondents Karnataka High Court reprimanded them for indulging in red-tapism and being apathetic to the educational needs of the children.
Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case
Bombay High Court opined that the Revisional Court was obliged to prima facie discuss or indicate material on record showing Raj Thackeray’s involvement in the alleged crime.
“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody
Bombay High Court directed the State of Maharashtra to pay compensation of Rs 10 lakhs to the petitioners and left the State at liberty to recover the same from officers at fault.
Review application cannot be used as an Appeal in disguise, reiterates Supreme Court
“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court
2023 SCC Vol. 2 Part 4
Constitution of India — Arts. 14, 12, 266, 136 and 32 — State action in a matter arising from non-statutory contract: Scope
Madras HC upholds UGC’s rights and primacy to impose Regulations for conduct of distance education programmes
Madras High Court upheld the right of the UGC to impose Regulation for territorial jurisdiction referring to the primacy given to the UGC under the UGC Act, 1956, as well as Entry 66 of List 1 of the 7th Schedule.
‘Temporary employee should be replaced by a regular employee and not another temporary employee’; Kerala High Court reiterates
Going along with the contention that a temporary employee shall be replaced only by a regular employee and not another temporary employee, the Division Bench of Kerala High Court refused to interfere with the discretionary orders by Single Judge directing the University to continue with engagement of sweeper-cum-cleaners on a daily wage basis.
Karnataka HC refuses to entertain writ petition against Bharat Biotech vis-à-vis a private contract with United Brothers Healthcare Services for supply of Covaxin doses
Karnataka High Court observed that merely because Covaxin is being taken by public, it will not make a private contract enforceable or justiciable in the Courts of law, which are pre-dominantly meant for public law remedy.
Delhi High Court | ‘Postings on Facebook cannot be treated as determinative of the location of a person at a particular point of time’
The Delhi High Court held that Facebook posts cannot be treated as determinative of the location of a person at a particular point of time. Therefore, the Court set aside the order of Intellectual Property Appellate Board and restored the rectification petitions filed before the Intellectual Property Appellate Board for re-hearing.
‘Social stigma for the victim and unborn child would be insurmountable’; Uttaranchal High Court allows a 13-year-old victim to terminate pregnancy of over 25 weeks
In the present case, a victim of sexual assault, aged about 13 years, had filed a writ petition forterminating her pregnancy caused due to illegal act perpetuated upon her.
It is incumbent upon Assistant Commandant to uphold high level standard even to the point of sacrificing self; Meghalaya High Court rejects petition challenging order for compulsory retirement
The petitioner, being a highly intelligent and educated person and a medical officer at that, is expected to exhibit prudence, discipline and common sense in his attitude to life and work.
Writ petition under Article 226 of the Constitution cannot be filed for seeking alteration in contract: Delhi High Court
The Delhi High Court held that a borrower cannot ask for alteration of contract by way of a writ petition and a contract can only be altered through mutual consent between the parties.
Delhi High Court directs Delhi Government to reimburse Rs. 16 lakhs to a judicial officer as reimbursement for treatment of Covid-19
Delhi High Court: In a writ petition filed by an Additional District Judge for reimbursement of his treatment charges during
Madras High Court| School Teachers cannot be blamed for suicide committed by students, without sufficient evidence
Madras High Court: In a suicide case by a 17-year-old school boy, filed against the headmaster S.M. Subramaniam, J. has held that
Kerala High Court| Economic condition of the family cannot be a ground to deny EWS certificate to a married woman living separately
Kerala High Court: In a writ petition filed seeking the issuance of an economically weaker section (EWS) certificate, V.G. Arun,
Kerala High Court set aside Chancellor’s communication asking the VCs of eight Universities in Kerala for their resignation and termination
Kerala High Court: In writ petitions filed by Vice Chancellors (VC) of eight Universities in Kerala alleging that the Chancellor
Madras High Court| Citizenship Amendment Act applicable to Sri Lankan Hindu Tamils
Madras High Court: A writ petition filed under Article 226 of the Constitution of India praying for the issuance of
Kerala High Court | ‘Solemnisation of marriage’ is the consideration for registering marriages under the Kerala Registration of Marriages Rules and not ‘religion of the parties’
Kerala High Court: In a writ petition filed being aggrieved by the refusal of registration of marriage by the Registrar