Search Results for "maintainability of writ petition"

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High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules.

24 Mar 2026

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited an...

High Court

Constitution of India, Code of Criminal Procedure, Indian Penal Code – Jurisdiction of High Court under Article 226 – Quashing of criminal proceedings

28 Feb 2025

High Court exercised jurisdiction under Article 226 of the Constitution to quash criminal proceedings—Emphasis on abuse of process of law—No bar u...

Supreme Court

Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

25 Feb 2025

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

High Court

High Court of Bombay Rules on Jurisdiction in Excise Duty Rebate Claims Bombay High Court establishes jurisdiction for writ petitions filed by companies challenging the rejection of excise duty rebates. Court confirms maintainability of writ petitions in cases involving orders from Revisionary Authorities located within Mumbai.

4 Sep 2024

The Bombay High Court ruled on the issue of territorial jurisdiction regarding excise duty rebate claims. The court held that the writ petitions were ...

Supreme Court

High Court Upholds Writ Petition Against Private Educational Institution for Unilateral Change in Staff Service Conditions. Supreme Court affirms decision, emphasizing the public duty of education institutions and the doctrine of legitimate expectation.

9 Jul 2024

The High Court on 05.08.2014, regarding the maintainability of a writ petition under Article 226 against a private educational institution. The case i...

Supreme Court

Challenging Minimum Qualifying Marks in Judicial Appointments: Upholding Constitutional Integrity Exploring the Constitutionality of Viva Voce Criteria in Bihar and Gujarat District Judiciary Selection Processes

6 May 2024

The constitutionality of rules prescribing minimum qualifying marks in the viva voce test for appointments to the District Judiciary in Bihar and Guja...

Supreme Court

Supreme Court Quashes High Court's Interim Orders Staying Criminal Proceedings and ED Investigation in Loan Default and Money Laundering Case. The Court held that blanket stay of investigation under Prevention of Money Laundering Act, 2002 and Indian Penal Code, 1860 was impermissible as it obstructed statutory powers and involved factual adjudication unsuitable for writ jurisdiction under Article 226.

13 Feb 2024

The Supreme Court addressed appeals against interim orders passed by the High Court of Judicature at Allahabad, which had stayed criminal proceedings ...

Supreme Court

Supreme Court Dismisses Petitions in PMLA Case, Upholding High Court's Order with Costs. High Court's dismissal of writ petitions seeking quashing of ECIR and prosecution complaint under Prevention of Money Laundering Act, 2002, was justified as petitions lacked merit and were not maintainable.

21 Apr 2023

The dispute arose from petitions filed by Anoop Bartaria, Director of World Trade Park Ltd., and the company itself, challenging a common judgment and...

Supreme Court

Supreme Court Dismisses Contempt Petitions and Writ Petition Challenging Termination of Assistant Engineers in Recruitment Scam Case. The Court upheld the termination orders as valid exercise of liberty granted earlier, finding no contempt or violation of natural justice, based on investigation reports indicating corruption in the selection process.

3 Jun 2021

The dispute arose from the termination and subsequent re-engagement of Assistant Engineers appointed by Uttar Pradesh Jal Nigam through a recruitment ...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

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