Writ Jurisdiction

Supreme Court Upholds Eviction Process for Unauthorized Occupants of Municipal Premises: Municipal Corporation of Greater Mumbai vs. Vivek V. Gawde (2024)

/ Constitution of India, Constitution of India with Article 226, Constitution of India with Article 227, Eviction of Unauthorized Occupants, Limitation Act, 1963, Limitation Act, 1963 with Section 3, Limitation Period, Mumbai Municipal Corporation Act, 1888, Mumbai Municipal Corporation Act, 1888 with Section 105B, Mumbai Municipal Corporation Act, 1888 with Section 105F, Part Performance, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A, Writ Jurisdiction

Supreme Court Upholds Eviction Process for Unauthorized Occupants of Municipal Premises: Municipal Corporation of Greater Mumbai vs. Vivek V. Gawde (2024) Date of the Judgment: December 13, 2024 The Supreme Court of India addressed the legality of eviction proceedings initiated by the Municipal Corporation of Greater Mumbai against occupants of municipal premises, specifically focusing on […]

Supreme Court Upholds Eviction Process for Unauthorized Occupants of Municipal Premises: Municipal Corporation of Greater Mumbai vs. Vivek V. Gawde (2024) Read Post »

Supreme Court Clarifies Maintainability of Writ Petitions Against Private Educational Societies in Service Disputes: Army Welfare Education Society vs. Sunil Kumar Sharma & Ors. (2024) INSC 501 (9 July 2024)

/ Constitutional Law, Constitutional Law with Article 12, Constitutional Law with Article 226, Contract of Service, Service Disputes, Service Law, Termination of Service, Writ Jurisdiction

Supreme Court Clarifies Maintainability of Writ Petitions Against Private Educational Societies in Service Disputes LEGAL ISSUE: Whether a writ petition is maintainable against a private educational society in a service dispute. CASE TYPE: Service Law, Education Law Case Name: Army Welfare Education Society vs. Sunil Kumar Sharma & Ors. Judgment Date: 9 July 2024 Date

Supreme Court Clarifies Maintainability of Writ Petitions Against Private Educational Societies in Service Disputes: Army Welfare Education Society vs. Sunil Kumar Sharma & Ors. (2024) INSC 501 (9 July 2024) Read Post »

Supreme Court directs petitioners to High Court regarding Border Tax: Muthyala Sunil Kumar vs. Union of India (2024)

/ All India Tourist Vehicles (Permit) Rules, 2023, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 32, Motor Vehicles Act, Writ Jurisdiction

Supreme Court directs petitioners to High Court regarding Border Tax: Muthyala Sunil Kumar vs. Union of India (2024) LEGAL ISSUE: Whether State Governments can levy and collect Border Tax/Authorization Fee on vehicles with All India Tourist Permits despite the All India Tourist Vehicles (Permit) Rules, 2023. CASE TYPE: Constitutional Law, Writ Petition Case Name: Muthyala

Supreme Court directs petitioners to High Court regarding Border Tax: Muthyala Sunil Kumar vs. Union of India (2024) Read Post »

Supreme Court Upholds Auction Sale Under SARFAESI Act, Dismissing Borrower’s Writ Petition (10 April 2024)

/ Alternative Remedy, Auction Sale, Constitutional Law, Constitutional Law with Article 226, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 17, Writ Jurisdiction

Supreme Court Upholds Auction Sale Under SARFAESI Act, Dismissing Borrower’s Writ Petition LEGAL ISSUE: Whether a High Court can entertain a writ petition under Article 226 of the Constitution of India when an alternative statutory remedy is available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Supreme Court Upholds Auction Sale Under SARFAESI Act, Dismissing Borrower’s Writ Petition (10 April 2024) Read Post »

Supreme Court quashes Allahabad High Court order in land dispute case: Suneeta Devi vs. Avinash and Others (2024) INSC 194 (11 March 2024)

/ Civil Law, Civil Procedure, Constitutional Law, Constitutional Law with Article 226, Natural Justice, Writ Jurisdiction

Supreme Court quashes Allahabad High Court order in land dispute case: Suneeta Devi vs. Avinash and Others (2024) INSC 194 (11 March 2024) LEGAL ISSUE: Whether a High Court can pass an order in a writ petition without providing a proper opportunity for all parties to be heard, especially when the petitioner has concealed material

Supreme Court quashes Allahabad High Court order in land dispute case: Suneeta Devi vs. Avinash and Others (2024) INSC 194 (11 March 2024) Read Post »

Supreme Court directs High Court to not decide on disputed facts in writ jurisdiction: State of UP vs. Ehsan (2023) INSC 906 (13 October 2023)

/ Alternative Remedy, Factual Disputes, Urban Land (Ceiling and Regulation) Act, 1976, Urban Land (Ceiling and Regulation) Act, 1976 with Section 10(3), Urban Land (Ceiling and Regulation) Act, 1976 with Section 10(5), Urban Land (Ceiling and Regulation) Repeal Act, 1999 with Section 4, Writ Jurisdiction

Supreme Court directs High Court to not decide on disputed facts in writ jurisdiction: State of UP vs. Ehsan (2023) INSC 906 (13 October 2023) LEGAL ISSUE: Whether a High Court should decide on disputed questions of fact in writ jurisdiction, especially when such issues were not decided in previous rounds of litigation. CASE TYPE:

Supreme Court directs High Court to not decide on disputed facts in writ jurisdiction: State of UP vs. Ehsan (2023) INSC 906 (13 October 2023) Read Post »

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023)

/ Constitutional Law, Constitutional Law with Article 226, Debt Recovery Tribunal, Judges, M.M. Sundresh, Sanjiv Khanna, SARFAESI Act, 2002, Section 13(2), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Writ Jurisdiction

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) LEGAL ISSUE: Whether High Courts can interfere in matters related to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when an effective alternative remedy is available. CASE TYPE:

Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) Read Post »

Supreme Court Upholds High Court Decision on Coal Procurement Dispute: Karnataka Power Corporation Ltd. vs. EMTA Coal Limited & Anr. (20 May 2022)

/ Audit and Accounting, Breach of contract, CAG Report, Constitutional Law, Constitutional Law with Article 136, Contract Law, Contracts Law: Contractual Disputes, Contractual Disputes, Hima Kohli, Judges, Krishna Murari, N.V. Ramana, Writ Jurisdiction

Supreme Court Upholds High Court Decision on Coal Procurement Dispute Date of the Judgment: 20 May 2022 Citation: Civil Appeal Nos. 5401-5404 of 2017 Judges: N.V. Ramana, CJI, Krishna Murari, J., Hima Kohli, J. Can a state-owned power corporation demand reimbursement from a coal supplier based on an audit report it initially contested? The Supreme

Supreme Court Upholds High Court Decision on Coal Procurement Dispute: Karnataka Power Corporation Ltd. vs. EMTA Coal Limited & Anr. (20 May 2022) Read Post »

Supreme Court Upholds Land Acquisition, Grants Enhanced Compensation: Noida vs. Ravindra Kumar (2022)

/ Abhay S. Oka, Ajay Rastogi, Compensation, Constitutional Law, Constitutional Law with Article 226, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 17, Land Acquisition Act, 1894 with Section 5A, Land Acquisition Act, 1894 with Section 6, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 23, Writ Jurisdiction

Supreme Court Upholds Land Acquisition, Grants Enhanced Compensation: Noida vs. Ravindra Kumar (2022) LEGAL ISSUE: Whether the High Court was correct in not setting aside the land acquisition despite finding the invocation of the urgency clause illegal, and whether compensation should be awarded as per the 2013 Act. CASE TYPE: Land Acquisition Case Name: NOIDA

Supreme Court Upholds Land Acquisition, Grants Enhanced Compensation: Noida vs. Ravindra Kumar (2022) Read Post »

Supreme Court Remands Income Tax Reassessment Case: Vishal Ashwin Patel vs. Assistant Commissioner of Income Tax (28 March 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Income Tax Act, 1961, Income Tax Act, 1961 with Section 148, Judges, M. R. Shah, Reassessment Proceedings, Writ Jurisdiction

Supreme Court Remands Income Tax Reassessment Case: Vishal Ashwin Patel vs. Assistant Commissioner of Income Tax (2022) LEGAL ISSUE: Whether the High Court can dismiss a writ petition challenging the reopening of income tax assessment without a reasoned order. CASE TYPE: Income Tax Reassessment Case Name: Vishal Ashwin Patel vs. Assistant Commissioner of Income Tax

Supreme Court Remands Income Tax Reassessment Case: Vishal Ashwin Patel vs. Assistant Commissioner of Income Tax (28 March 2022) Read Post »

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (28 February 2022)

/ B.V. Nagarathna, Breach of contract, Constitutional Law, Constitutional Law with Article 226, Contract Law, Judges, M. R. Shah, Specific Performance, Work Order, Writ Jurisdiction

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (2022) LEGAL ISSUE: Whether a High Court can issue a writ of mandamus for specific performance of a contract in a writ petition under Article 226 of the Constitution of India. CASE TYPE: Contract Law, Writ Jurisdiction Case

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (28 February 2022) Read Post »

Supreme Court quashes High Court order in auction dispute: SRS Advertising vs. Kamal Garg (2022)

/ B. V. Nagarathna, Debt Recovery, Debt Recovery Appellate Tribunal, Debt Recovery Tribunal, Judges, Jurisdiction, M. R. Shah, Writ Jurisdiction

Supreme Court quashes High Court order in auction dispute: SRS Advertising vs. Kamal Garg (2022) LEGAL ISSUE: Whether the High Court exceeded its jurisdiction by granting final relief in a matter where an interim relief was sought, while the main appeal was pending before the Debt Recovery Appellate Tribunal (DRAT). CASE TYPE: Debt Recovery/Auction Dispute

Supreme Court quashes High Court order in auction dispute: SRS Advertising vs. Kamal Garg (2022) Read Post »

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