CiteTEXT
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2. Learned Standing Counsel as well as learned counsel appearing for Gaon Sabha
have raised a preliminary objection as to the maintainability of writ petition under
Article 226 ...in
paragraph no. 40 of the judgment rendered in case of Smt. Kalawati (Supra) as to
the maintainability of writ petition under Article 226 of the Constitution ...Constitution of India on the ground that proceedings under
Section 34 are summary in nature and against the same writ petition is not
maintainable. Reliance has been placed upon the decision of coordinate...
...exhaustively dealt with the maintainability of writ petition under Article 226 in contractual matters. In the said case, contract of insurance was executed between ABL Internatio...the contract settlement of entire money due to the appellant Bank by an arrangement made through another nationalised bank, submitted that the writ petition before the High Court under Article 226.... Whether the contract envisages actual payment or not is a question of construction of contract. If a term of a contract is violated, ordinarily the remedy is not the writ petition under ...
...: AIR 1999 SC 22 on the question of maintainability of writ petition under Article 226 by the High Court when alter...(AIR 1999 SC 22) (supra) Supreme Court considered the question of maintainability of Writ Petition under ...State arising out of contractual obligation is maintainable. Merely because some disputed questions of fact arise for consideration, same cannot be a ground to refuse to entertain a writ petition in all cases as a ...
...appearing on behalf of the appellant submits that the High Court was in error in entertaining the writ petition under Article 226 of the Constitution, having regard to the statutory alter...petition under Article 226. The existence of an alternate remedy is not an absolute bar to the maintainability of a writ petition under Article ...No. 2161 of 2020.3. The High Court in the exercise of its writ jurisdiction under Article 226 of the Constitution set aside the action of the appell...
...addressed first as to the maintainability of writ petition under Article 226 of the Constitution of India as the matter arises of summary proceedings ....
8. The coordinate Bench of this Court in case of Smt. Kalawati (Supra) while dealing with the issue as to the maintainability of writ ...the letter of administration of registered Will, as claimed by him.
11. Writ petition filed under Article 226 of the Constitution ...
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2. Sri. P.V. Chandrashekar, learned counsel appearing for respondents 2 and 3 raised preliminary objection relating to the maintainability of writ petition under Article ...WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 11THJANUARY, 2016 PASSED IN...available to the petitioners under Section 54(1) of the Land Acquisition Act, reserving liberty to the petitioners to approach the competent Court, writ petition is disposed of...
..., the petitioner approached the Andhra Pradesh High Court invoking Article 226 of the Constitution of India. Respondent No. 2 raise..., Petition under Article 226 of Constitution of India can be presented. In that case the respondent had instituted complaint before the District Forum-II, Hyderabad alleging certain deficiencies ...this Petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 20.1.2017...
..., JT (2003) 10 SC 300 observed that in certain cases even a disputed question of fact can be gone into by the court entertaining a petition under ...Counsel appearing for the respondent, on the other hand, would contend that as the High Court exercises a discretionary jurisdiction under Article 226 of the Constitution, refusal to entertain a writ...under Article 226 of the Constitution of India, the...
...the said suspension order in the petition.
14. Reverting to the question of maintainability of writ petition under Article 226 of ...adjudicated upon by this court while exercising extra ordinary writ jurisdiction under Article 226.
16. Having regard to the nature of controversy involved in the ...maintainability of the writ petition as to how the petitioner in the petition can seek a mandamus for initiation of an enquiry and action thereof against the respondent No. 4.
...
...under Article 226. We, therefore, reject the contention urged for the appellants on the maintainability of the Writ Petition."
10. The Full Bench judgment of ...the effect that the Writ Petition shall lie against a Co-operative Society when it is an authority within the meaning of Article 12. We shall hereinafter consider further judgments and law laid down by the Apex Cou....
i) Whether a Writ Petition under Article 226 of the Constitution of India is maint...
...not a absolute bar to the maintainability of the writ petition under Article 226 of Constitution of India but the writ petition can be entertained in a...entertain a petition filed under Article 226 of the Constitution and pass interim order ignoring the fact that the petitioner can avail effective alternative remedy by filing application, appeal, revision,...Article 226 of Constitution of India but about the maintainability of writ petition against...
...Court has considered the scope of Section 14 and the maintainability of writ petition under Article 226 of the Constitution in the following lines:-
...
3.S.Kalaivani Advocate Commissioner, Chengalpat Bar Association, Chengalpat - 603 001. ... Respondents
Prayer : Writ Petition ....Normally, a writ petition cannot be entertained under Article 226 of the Constitution of India as the Court's jurisdiction is limited, especially in view of the effective altern...
....
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2. The learned Single Judge of this Court elaborately considered the issue relating to the maintainability of writ...forum, for the purpose of redressal of their grievances. It is not as if they are remediless. However, the writ petitions under Article 226 are not maintainable. Thus, we are not inclined to go in.... ... Respondents
Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order of the learned Judge dated 08.04.2010 made in W.P.Nos.6981 of...
...objects to the maintainability of writ petition under Article 226 of the Constitution particularly for the reliefs made in the writ ...firstly is that the writ is not maintainable under Article 226 of the Constitution of India as none of t...stand taken in the counter affidavit do not show authority to deny wages to petitioner. 9. The present writ petition reminds this Court the famous drama of William Shakespeare...
...and Ors. v. Commercial Steel Limited [(2021) SCC Online SC 884], even though an alternative remedy is not an absolute bar to the maintainability of writ petition under ...completed the work within the contract period, the respondents rely on Ext.P4 to contend that the work was completed only by 22.06.2019. Such contentious issues cannot be resolved in a writ petition under...Article 226.
7. Even accepting the contention that there was delay on the part of the respondents in disbursing the amount within the time stipulated in Ext. P5(a), the...
...Commission of India's case (cited supra) and, therefore the law laid down by the Division Bench of this Court in Vinod Pandurang Bharsakade's case does not affect the maintainability of the present writ ...objection about maintainability of the writ petition under Article 226 of the Constitution on the ground that petition filed by the petitione...proceedings shall not amount to “calling in question an election”, consequently legitimizing exercise of power under Article 226 of the Constitution.27. So far Vi...
...Supreme Court considered the question of maintainability of writ petition under Article 226 of the Constitution having regard to the ...accordingly hold that Article 243-O does not bar jurisdiction of this Court under Article 226 of the Constitution and that such any writ petition can ...offices of Chairpersons of Municipalities reserved to persons belonging to STs., SCs., and/or BCs, cannot ordinarily be challenged under Article 226 of the Constitution...
..., therefore, be heard to contend that they are not liable to pay compensation under the Ordinance.12. The essence of the attack on the maintainability of the writ ...injustice wherever it is found”. Technicalities should not come in the way of granting that relief under Article 226. We, therefore, reject the contention urged for the appellants on the maintainability ...Ordinance, he repeats the contention taken before the High Court. He also maintains that the trust is a private body and is not subject to the writ jurisdiction under Article 226...
.... Before parting with this case, we would like to convey to the Registry of this Court that while raising any objection on the maintainability of writ petition filed under ...rights but also for violation of legal rights under Article 226 of Constitution and the same must be given its full and expansive interpretation so that all aggrieved persons who...petition or Court hearing the writ petition suo moto, as the case may be. In the circumstances, the Registry of this Court ought to apply its mind and not raise frivolous objections on the maintainability...
...maintainability of writ petition under Article 226 by the High Court when alternative remedy is available to the petitioner which has not been exhausted, saying that a writ in th...(supra) Supreme Court considered the question of maintainability of Writ Petition under Article 226 of the Constitution of India where the appellant was issued ...ground to refuse to entertain a writ petition in all cases as a matter of rule. A writ petition involving a consequential relief of monetary claim is also maintainable. However, while entertaining...