Article 226 Constitution - CaseCiter (Page 4)

Puja Ferro Alloys P Ltd. vs State Of Goa 2025 INSC 217 - Writ Jurisdiction - Res Judicata

Constitution of India - Article 226 -The principle of res judicata applies even to petitions arising for decision in the writ jurisdiction under Article 226 of the Constitution (Para 24) Res Judicata - For the principle of res judicata to be applied in the subsequent proceeding, it must be between

Service Law

Dr. Amaragouda L Patil vs Union Of India 2025 INSC 201 -National Commission for Homeopathy Act - Judicial Review Of Administrative Action - Chairperson Appointment Quashed

National Commission for Homeopathy Act, 2020 -Section 4 - The appointment of the Chairperson, who is the head of the Commission carries significant importance and affects various stakeholders in the field of homeopathy.The candidate must have minimum twenty years of experience in the field of homeopathy, out of which

Constitutional Law

Amrit Yadav State Of Jharkhand 2025 INSC 176 - Art. 14,16,32, 226 Constitution -Public Employment -Advertisement Arbitrariness

Constitution of India - Article 32,226 - Once the appointment process is declared to be a nullity in law, every action taken in furtherance of such appointment process is also illegal, and, therefore, the constitutional courts have jurisdiction to set aside such appointments wholly and ab-initio. This power of

Constitutional Law

M.S. Sanjay vs Indian Bank 2025 INSC 177 - Art. 226 Constitution - Writ Jurisdiction

Constitution of India - Article 226 - The remedy under Article 226 is discretionary in nature and in a given case, even if some action or order challenged in the petition is found to be illegal and invalid, the High Court while exercising its extraordinary jurisdiction thereunder can refuse to

Family Law

Vivek Kumar Chaturvedi vs State Of U.P. 2025 INSC 159 - Habeas Corpus - Child Custody

Constitution of India - Article 226 - Habeas Corpus -There can be no hard and fast rule insofar as the maintainability of a Habeas Corpus petition relating to custody of minor children; which would depend on the facts and circumstances of each case. [In this case, the father is seeking

Service Law

Airports Authority Of India vs Pradip Kumar Banerjee 2025 INSC 149 - Disciplinary Proceedings - Art. 226 Constitution - Intra Court Writ Appeal

Disciplinary proceedings -In disciplinary proceedings, it is not necessary for the Disciplinary Authority to deal with each and every ground raised by the delinquent officer in the representation against the proposed penalty and detailed reasons are not required to be recorded in the order imposing punishment if he accepts the

Constitutional Law

S Shobha Vs Muthoot Finance Ltd. 2025 INSC 117 - Art. 226 Constitution - Maintainability Of Writ Petition Against Non-Banking Finance Company

Is writ petition maintainable against a non-banking finance company?

Constitutional Law

Tamil Nadu Cements Corporation Limited vs Micro And Small Enterprises Facilitation Council 2025 INSC 91 - Arbitration Act - S 18 MSMED Act - Art. 226 Constitution

Constitution of India - Article 226 - Micro, Small and Medium Enterprises Development Act, 2006 - Section 18 - Whether a writ petition under Article 226 of the Constitution would be maintainable against an order passed by the Micro and Small Enterprises Facilitation Council1 in exercise of power under Section

Disciplinary Proceedings

General Manager Personnel Syndicate Bank vs BSN Prasad 2025 INSC 89 - Disciplinary Proceedings - Bank Officials- Judicial Review

Disciplinary Proceedings - An acquittal in a criminal case is no ground to exonerate a delinquent in disciplinary proceedings as the standard of proof differs in these proceeding- (Para 16) the exercise of powers by the disciplinary authority is always subject to principles of proportionality and fair play. (Para 23)

Disciplinary Proceedings

Bhupinderpal Singh Gill Vs State Of Punjab 2025 INSC 83 - Constitutional Courts - Judicial Review Of Disciplinary Proceedings - Natural Justice

Practice and Procedure - Constitutional Courts - Issuing limited notice at the stage of admission does not bar a Constitutional Court having inherent powers to pass such orders as the justice of the case before it demands to enlarge the scope of a petition/appeal at the stage of final

Constitutional Law

Utkal Highways Engineers And Contractors vs Chief General Manager - Art. 226 Constitution - Writ Jurisdiction - Money Claims

Constitution of India - Article 226 - It is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ

Arbitration and Conciliation Act 1996

United India Insurance Company Limited Odisha Hydra Power Corporation Ltd - Remedy Against Dismissal Of Arbitration Appeal

Constitution of India - Article 136,226,227 ; Arbitration and Conciliation Act 1996 - Section 34,37 - SLP filed against order in Arbitration Appeal filed by District Judge -SC held: When an arbitral award is confirmed in a petition under Section 34 and in an appeal under Section 37

Insolvency and Bankruptcy Code

Mohammed Enterprises (Tanzania) Ltd. vs Farooq Ali Khan 2025 INSC 25 - IBC - Writ Petitions

Constitution of India - Article 226 -Insolvency and Bankruptcy Code 2016- Unjustified interference with the proceedings initiated under the Insolvency and Bankruptcy Code 2016, breaches the discipline of law- Insolvency and Bankruptcy Code is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of

Constitutional Law

Ajay Singh vs Khacheru 2025 INSC 9 - Art. 226 Constitution

Constitution of India - Article 226 - While exercising its jurisdiction under Article 226 of the Constitution of India, cannot reappreciate the evidence and arrive at a finding of facts unless the authorities below had either exceeded its jurisdiction or acted perversely.(Para 17) Ajay Singh vs Khacheru 2025 INSC

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Kim Wansoo vs State of Uttar Pradesh 2025 INSC 8 - Art. 226 Constitution - S 482 CrPC - Quashing

Constitution of India - Article 226 ; Code of Criminal Procedure 1973 - Section 482 -Normally, quashing of criminal proceedings would be sought and would be done in exercise of the inherent power of the High Court under Section 482, Cr. P.C. But certainly, that does not mean that it

Constitutional Law

Pawan Kumar vs Union Of India 2024 INSC 1041 - Judicial Review of Tender Matters

Constitution of India - Article 226 - Judicial Review - Author of the tender documents is the best person to understand and appreciate its requirements and interpret its documents. The constitutional courts must defer to this understanding and appreciation of the tender documents, unless there is mala fide or perversity

Constitutional Law

NOIDA Toll Bridge Company Ltd. vs Federation of NOIDA Residents Welfare Association 2024 INSC 1027 - PIL - Contractual Matters - Administrative Law - Uttar Pradesh Industrial Area Development Act

Uttar Pradesh Industrial Area Development Act, 1976 - Section 6A - 'Authority’ is empowered to delegate the power to collect taxes or fees levied by it. However, under no circumstances does it authorize the delegation of the power to levy taxes or fees.[SC held that NOIDA overstepped its

UGC Regulations

Allahabad University Geetanjali Tiwari (Pandey) 2024 INSC 1003- UGC Regulations - Interpretation Of Statutes - Writ Petition - Pleadings

UGC Regulations- High Court held that Reg.10 has no application in relation to appointment on the post of Assistant Professor - Allowing appeal, SC observed: Once Reg.10 specifically refers to counting of previous regular service, whether national or international, inter alia as Assistant Professor, the Division Bench in

Constitutional Law

State Of U.P. vs Dr. Sudarshan Kumar - Art. 226 Constitution - Writ Jurisdiction

Constitution of India - Article 226 - The writ jurisdiction under Article 226 of the Constitution of India is always discretionary and the conduct of the persons who invoke the jurisdiction has to be taken into consideration while granting reliefs. State Of U.P. vs Dr. Sudarshan Kumar - Art.

Constitutional Law

Municipal Corporation Of Greater Mumbai Vs Vivek V. Gawde 2024 INSC 985 - Art. 226.227 Constitution - Civil Court Order - Writ Petition

Constitution of India - Article 226 - Orders passed by a civil court cannot be challenged in a writ petition under Article 226 of the Constitution. (Para 14) Constitution of India - Article 227 - A mere wrong decision is not enough to attract the jurisdiction of the High Court

Constitutional Law

Urban Improvement Trust Vs Vidhya Devi 2024 INSC 980- Article 300A Constitution - Land Acquisition - Delay & Laches

Constitution of India - Article 226,300A - The right to property is enshrined in the Constitution and requires that procedural safeguards be followed to ensure fairness and non-arbitrariness in decision-making especially in cases of acquisition by the State. Therefore, the delay in approaching the court, while a significant factor,

Article 32 Constitution

Ajay Kumar Jain vs State Of Uttar Pradesh 2024 INSC 958 - Writ Petition - Miscellaneous Application

Constitution of India - Article 32 and 226 -No miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events- When proceedings stand terminated by final disposal of the writ petition be it under Article 32 of the Constitution or Article 226 of the Constitution

Constitutional Law

State Of Maharashtra Vs Pradeep Yashwant Kokade 2024 INSC 947- Writ Petition - Delay In Death Penalty Executions

Constitution Of India - Article 21 - ❓Can a death convict approach Supreme Court or High Court citing undue, unexplained and inordinate delay in execution of the sentence of death? Constitution Of India - Article 32,226 -Undue, unexplained and inordinate delay in execution of the sentence of death will

Contempt Of Court

Brajendra Singh Chauhan vs Giridhar Aramane - Contempt Of CAT - Writ Petition

Constitution of India - Article 226 ; Contempt Of Courts Act 1971 - Section 19 ; Administrative Tribunals Act 1985 - Section 17 - Maintainability of writ petition challenging order by Central Administrative Tribunal closing a contempt petition - Allahabad HC held that orders of the Tribunal under the Contempt of Courts

Constitutional Law

Lt. Col. Suprita Chandel vs Union Of India 2024 INSC 942 - - Declaration of Law -Similarly Situated

Practice and Procedure- When a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to court - In exceptional cases