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Constitutional law

SUJAL VISHWAS ATTAVAR & ANR. versus THE STATE OF MAHARASHTRA & ORS.

The High Court erred in exercising its extraordinary writ jurisdiction under Article 226 to direct registration of an FIR when efficacious and sequential statutory remedies under the BNSS/CrPC were available and had not been exhausted; the writ petition was premature, the impugned interim order was set aside and FIR No.0194/2025 was quashed, with liberty to pursue statutory remedies.

Source excerpt

  • Article 226
  • Fir registration
  • Alternative remedies
  • Bharatiya nyaya sanhita 2023
  • Writ jurisdiction
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Constitutional law

SANDEEP SINGH BORA versus NARENDRA SINGH DEOPA & ORS.

Because the Uttarakhand Panchayati Raj Act, 2016 provides a statutory and efficacious mechanism (Section 131H) to redress grievances arising during Panchayat elections, Article 243-O of the Constitution bars High Court writ jurisdiction under Article 226 in such matters; accordingly the High Court's interim order directing allotment of a symbol and participation was beyond its jurisdiction and is set aside.

Source excerpt

  • Article 243-o
  • Article 226
  • Election petition
  • Writ jurisdiction
  • Interim reliefs
  • Nomination rejection
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Constitutional law

DILEEP KUMAR PANDEY versus UNION OF INDIA & ORS.

The majority held that on the material before the Court there was no evidence of pervasive governmental/IAF control or of grants from public funds and the applicable Education Code lacked statutory force; accordingly the School and Society are not 'State' under Article 12 and the disputes with the teachers are in the realm of private contract, so writ petitions under Article 226 were not maintainable; appeals dismissed.

Source excerpt

  • Article 12
  • Article 226
  • Writ jurisdiction
  • State or authority
  • Public function
  • Public funds
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Constitutional law

YOGESH KUMAR versus THE STATE OF UTTAR PRADESH AND OTHERS

The High Court erred in non-suiting the appellants on a hyper-technical ground; where it was undisputed that the appellants had actually worked for eight years and the factual disputes could be resolved without elaborate evidence, the writ jurisdiction under Article 226 could be invoked to grant relief for payment of salary; accordingly the High Court and Single Judge judgments were set aside and respondents were directed to pay the salaries with interest and costs.

Source excerpt

  • Article 226
  • Writ jurisdiction
  • Payment of salary for service rendered
  • Termination
  • Appropriate civil action
  • Civil court
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Constitutional law

MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS versus VIVEK V. GAWDE ETC. ETC.

The High Court exceeded its writ and supervisory jurisdiction by framing points for determination in pending summary eviction proceedings and substituting its own role for that of the Inquiry Officer/civil court; orders of the appellate civil court were not maintainable under Article 226 and the High Court should not have framed issues. Eviction inquiries may proceed even without regulations under section 105H so long as principles of natural justice are followed, and institutional bias cannot be presumed merely because the Inquiry Officer is an officer of the Corporation.

Source excerpt

  • Eviction
  • Unauthorised occupants
  • Public premises
  • Inquiry officer
  • Natural justice
  • Writ jurisdiction
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Administrative law

SUBODH KUMAR SINGH RATHOUR versus THE CHIEF EXECUTIVE OFFICER & ORS.

The Supreme Court held that cancellation of the tender was an exercise of executive power outside the contractual termination terms, giving rise to a public law element and rendering the writ petition maintainable; internal file notings showed the cancellation was undertaken at the behest of the Minister without proper application of mind and not on the stated grounds of technical defect or bona fide public interest; the cancellation was arbitrary and capricious and therefore violative of Article 14; the cancellation notice dated 07.02.2023 was quashed and the High Court judgment upholding it…

Source excerpt

  • Judicial review
  • Writ jurisdiction
  • Tender cancellation
  • Arbitrariness
  • Article 14
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Constitutional law

ARMY WELFARE EDUCATION SOCIETY NEW DELHI versus SUNIL KUMAR SHARMA & ORS. ETC.

The High Court erred in holding AWES to be a "State" under Article 12 for the purpose of this service dispute; the relationship between respondents and AWES is contractual and of private law character, so absent a statutory obligation or a public-law element in the challenged action, Article 226 writ relief is not available; the doctrine of legitimate expectation does not apply to govern private employment contracts in this context.

Source excerpt

  • Article 12
  • Article 226
  • Writ jurisdiction
  • Public function
  • Legitimate expectation
  • Private contract
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Elections

ASSOCIATION FOR DEMOCRATIC REFORMS versus ELECTION COMMISSION OF INDIA AND ANOTHER

The writ petitions were disposed of on the merits: the Court rejected directions to revert to paper ballots, to hand VVPAT slips to voters, or to mandate 100% VVPAT counting, holding that the EVM-VVPAT system as operated with its technical and administrative safeguards satisfies voters’ rights and that the petitions, grounded in suspicion without cogent material, were not a basis to override existing procedures; to strengthen confidence, the Court directed sealing and retention of symbol-loading units post-01.05.2024 and permitted verification of burnt memory/microcontrollers in 5% of EVMs pe…

Source excerpt

  • Electronic voting machines (evms)
  • Vvpat
  • Conduct of election rules, 1961
  • Rule 49m
  • Rule 56d
  • Writ jurisdiction
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Constitutional law

PHR INVENT EDUCATIONAL SOCIETY versus UCO BANK AND OTHERS

The High Court erred in entertaining and allowing the writ petition under Article 226 despite the availability of efficacious alternative statutory remedies under the SARFAESI Act and DRT procedure; the sale in favor of the auction purchaser had been confirmed and registered and, absent any allegation or proof of fraud or collusion, could not be reopened. Therefore the High Court order was quashed and the writ petition dismissed with costs.

Source excerpt

  • Article 226
  • Alternative remedy
  • Exhaustion of statutory remedies
  • Writ jurisdiction
  • Auction sale confirmation and registration
  • Recovery of bank dues
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Administration of justice

AMBALAL PARIHAR versus STATE OF RAJASTHAN & ORS.

Filing an SB Civil Writ Petition to club and consolidate FIRs, when done to avoid the roster judge and obtain interim protection in relation to criminal proceedings, constitutes gross abuse of process and forum hunting; such petition was liable to be dismissed and costs imposed; the roster discipline must be observed and matters of that category should be placed before the judge assigned by the Chief Justice.

Source excerpt

  • Abuse of process
  • Forum hunting
  • Clubbing of firs
  • Section 482 crpc
  • Writ jurisdiction
  • Roster discipline
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.