Rajasthan High Court entertains appeal despite prima facie view on non-maintainability under MSMED Act
Rajasthan High Court decided to entertain the appeal due to the significant question of the application’s maintainability.
maintainability
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.
Calcutta High Court establishes appeal’s maintainability under Order 43(1)(a) and Section 104 of CPC, refers to appropriate jurisdiction
Calcutta High Court referred the appeal to the bench with jurisdiction over first appeals from orders under Order 43(1)(a) passed by a regular court of civil jurisdiction, not by a special or commercial court.
Calcutta High Court emphasises adherence to competent court’s order; set asides Tribunal decision on appeal’s maintainability
Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.
Explained| Madras HC verdict on Single Judge order which directed Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member
“Lawyers, as a whole, belong to a separate homogenous group called ‘Gentlemen’. However, it is unfortunate that the said homogeneous community is trying to use this Court to create a casteist atmosphere which is highly deprecated”
Bombay High Court refuses relief to Ankiti Bose, co-founder of e commerce start up Zilingo for want of jurisdiction
There was inconsistency in between the pleadings of the plaintiff about cause of action and the averments made in the petition were not part of the plaint averment.
“Attorney-client communication is privileged”; Calcutta High Court upholds maintainability of third-party appeal in GST fraud investigation
Calcutta High Court emphasizing that attorney-client communication is privileged and held that “Section 126 of the Evidence Act is designed to abort the attempt to intrude privacy of the close preserve of the fund of information conveyed by the client closeted in confidence.”
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.
Complaint under S. 498-A, IPC filed by the second wife against the husband and in-laws cannot be maintainable: Karnataka High Court
The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.
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.
Civil Courts' jurisdiction not barred if RERA Act and Rules cannot give relief to homebuyers: Saket District Court
As there is no provision in the RERA Act giving authority to the RERA Tribunal to deal with the subject matter of the suit, the jurisdiction of this Court cannot be said to be barred in the situation where the plaintiff requested for canceling the allotment.
Explained| Madras High Court tie breaker verdict in Senthil Balaji habeas corpus petition
Madras High Court concurred with the view of Justice D. Bharatha Chakravarthy, that the petition, though maintainable cannot be entertained after remand, and in this case, it can certainly not be entertained.
SAT Mumbai dismisses appeal under S. 15T SEBI Act for not having filed by an ‘aggrieved person’
SAT Mumbai observed that it is not open to a shareholder to complain about the scheme of arrangement before the SEBI or to the Stock Exchange nor is it open to the shareholder to make a representation and /or file an appeal before this Tribunal under Section 15T of the SEBI Act.
Real Estate (Regulation and Development) Act, 2016 applicable only to ongoing projects, and which are to be developed after the commencement of the Act: Odisha RERA
ORERA reiterated that the projects which are completed and for which the completion certificate has been issued by the local or competent authority prior to the commencement of the Real Estate (Regulation and Development) Act, 2016, are not covered under the Act and therefore, has no application to such projects.
When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court
Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.
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.
Non-Applicant does not have a locus-standi to challenge appointment of Junior Assistants for being a stranger; Madras High Court rejects petition
The recruitment process to any public post should be conducted in a fair and transparent manner. If the candidates are selected by any criterion other than merit and efficiency, the public authority will suffer for all the times to come. It is in the public interest that the process of selection and appointment should be transparent to make it foolproof from corrupt practices.
Whether a Motor Accident Claims Tribunal constituted under MV Act, 1988 is a Court subordinate to the High Court within the meaning of S. 115 of CPC? Allahabad High Court answers
The view of the Full Bench in Kamla Yadav case, that a Motor Accident Claims Tribunal constituted under the Act is a Court subordinate to the High Court within the meaning of Section 115 of the Code, does not require reconsideration.
PILs against Jharkhand CM Hemant Soren ‘bald allegations’ & ‘abuse of process of court’; High Court should have dismissed the PILs at the very threshold: SC
Supreme Court: The 3-judge bench of UU Lalit, CJ and S. Ravindra Bhat and Sudhanshu Dhulia*, JJ has set aside the order
Bound to protect Constitutional Rights of women, Calcutta High Court regularises domestic violence application filed by minor
The Court held that application filed by minor under Section 12 of Domestic Violence Act cannot be dismissed on the grounds of maintainability especially when she had attained majority before the date of final order.