Writ Jurisdiction of Supreme Court may be resorted to when available remedies are exhausted [U.P. State Spinning Co. Ltd., (2005) 8 SCC 264]. This is essentially a ‘rule of policy, convenience and discretion’; it’s not a ‘compulsion’ [Mohammad Nooh, AIR 1958 SC 86; Harbanslal Sahnia, (2003) 2 SCC 107]. Supreme Court in Shrimath Balasaheb Patil […]
Read more "Writ Jurisdiction of Supreme Court / The Revival of Ray XXXII"Hon’ble Justice L. Nageswara Rao in State of Tamil Nadu v. G. Hemalathaa, Civil Appeal No. 6669 of 2019 quoted Chief Justice John Roberts in Caperton v. A.T. Massey, 556 U.S. 868 (2009). “Extreme cases often test the bounds of established legal principles. There is a cost to yielding to the desire to correct the […]
Read more "Hard Cases Make Bad Law"“While the powers the High Court may exercise under its Writ Jurisdiction are not subject to strict legal principles, two clear principles emerge with respect to when a High Court’s Writ Jurisdiction may be engaged. First, the decision of the High Court to entertain or not entertain a particular action under its Writ Jurisdiction is […]
Read more "Writ Jurisdiction of High Courts"“Read, Read for now I shall say a lot. The evidence of my battle fought. The only way I shall make you learn, I tried a lot when it was my turn.” Hon’ble CJI Dipak Misra shall retire in less than 30 days. His words on word-craft shall be remembered too as his ‘last words’. […]
Read more "Pragmatic Realism v. Romantic Idealism v. Recluse Extremism"“A Writ of Quo Warranto cannot be issued on the basis of assumptions, inferences or suspicion regarding the factum of fulfillment of eligibility criteria. Being an extraordinary power, ordinarily such a Writ ought to be issued only on the basis of indisputable facts leading to a singular conclusion that the incumbent was in fact or […]
Read more "The Writ of Quo Warranto I"“There can be a conflict between two individuals qua their right under Article 21 of the Constitution and in such a situation, to weigh the balance, the test that is required to be applied is the test of larger public interest and further that would, in certain circumstances, advance public morality of the day. To […]
Read more "The Test of Sustenance of Public Confidence in the Justice Dispensation System"My Lord, Is a Tribunal, whose Order is challenged under Articles 226, 227 of The Constitution, a Necessary Party? The issue has been considered in Jogendrasinhji, (2015) 9 SCC 1. The Judgment holds thus, the Tribunals, who in law are entitled to defend the Orders passed by them, are Necessary Parties and if they are […]
Read more "Writ Against Order of Tribunals I"