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...lack of essential qualification and statutory violation in the matter of appointment of private respondent for Court to issue a Writ of quo- warranto. He relies on decis...petitioner who seeks to provide quo-warranto information. He refers to advertisement dated 4th September, 2013 in which under essential qualifications, inter alia, the following was also required...and audit; He submits, there can be no dispute that private respondent does not possess this qualification. The qualification possessed has been stated in paragraph 6 of the writ petition. He also...
...only concerned with the procedure as it was followed in England when the writs or informations in the nature of quo warranto were last being issued in England. Order LXVIII, Rule...quo warranto the provisions of Order LII of the Rules of the Court were applicable. Order LII made provision for the making of motions before the Supreme Court and conse...private individual cannot move a Court for a writ in the nature of quo warranto and that the move could only be made by the Government, some public servant or officer of the ...
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the Supreme Court in 'HARI BANSH LAL Vs. SAHODAR PRASAD MAHTO' (2010) 9 SCC 655 has held as follows:
...is contrary to statutory provisions/rules."
4. In the instant writ petition, the petitioner has not sought a writ of quo warranto and therefore, in vie...matters.
(b) For issuance of a writ of quo warranto, the High Court has to satisfy that the appointment is contrary to the statutory rules...
...were filed and the writ petitions are an abuse of the process of Court. The Solicitor General has urged that in effect a writ of quo warranto issued against the Chief Ju...prohibition with respect to matters which are being heard by the Supreme Court and writs cannot be issued to superior Courts. As a subsidiary point it is urged that if the appointment of the Chief Justice of India ...India. The Additional Solicitor General has urged that no Court has any jurisdiction to issue a writ of quo warranto against any Judge of the Supreme Court or the Chief Justice ...
...hold such office. Ingredients necessary for the quo warranto writ was considered by the Constitution Bench of the Hon'ble Supreme Court in ...be considered is whether Hon'ble Supreme Court or High Court can issue a writ of quo warranto in an appropriate case asa writ of quo warranto ...the High Courts and Supreme Court can issue a writ of quo warranto in appropriate circumstances. The court followed its earlier decision in University of Mysore...
...of the Supreme Court i.e. B.R. Kapur v. State of T.N. in which the Constitution Bench of the Supreme Court held that the writ of quo ....9. It has further been submitted by the learned Advocate General that since the State is responding to the Supreme Court as well as this Court in the aforesaid matters, if the petitioner is so much...University of Mysore v. CD. Govinda Rao, the Constitution Bench of the Supreme Court dealt with the scope of issuance of a writ of quo warranto...
...the Supreme Court have reiterated that for issuance of writ of quo warranto, the Court has to satisfy that the appointment is contrary to the statutory rules and the person holdi...eligibility, either in this petition or during the course of argument and the question of suitability cannot be gone into in the petition for writ of quo warranto.
...of Forests is in violation of the statutory provisions. The law laid down by Their Lordships of the Supreme Court in Statesman (supra) sounding a note of caution for this ...
...vindication against respondent No. 4.4. We have heard learned counsel for the parties.5. Learned counsel for the petitioner submits that in the case of issuance of writ in the...Electricity Supply Utility of Odisha v. Dhobei Sahoo and other connected matter reported in (2014) 1 SCC 161 in which the Supreme Court has held that writ of quo ...substantial relief:-“This Hon'ble Court may kindly be pleased to issue a writ in nature of quo warranto directing the respondent no. 4 to disclose the authority under which she is h...
....
The petitioner had filed a writ of quo-warranto challenging the authority of the opposite party No.4 to function as Director of the Company. This Court had discussed .... The Supreme Court has held that a writ of quo-warranto will lie when the appointment is made contrary to the statutory provisions. The petitioner in the...by us in writ petition No. 5 (SB) of 2015. The petitioner has filed the review petition on the ground that this Court has decided the matter on the basis of misinterpretation of section 196(4) ...
...that petitioner has no locus standi to question the appointment of respondent No. 3 and even if it is held that petitioner is seeking writ of quo warranto, then also the caste certificate of respo...if this writ petition is treated as writ of quo warranto, would issuance of writ of quo warranto be appropriate in light of the decision rende...(supra)?
7. Their Lordships of Supreme Court have reiterated the principle of issuance of writ of quo warranto in the matter ...
...public office if he has no authority to hold such office. Ingredients necessary for the quo warranto writ was considered by the Constitution Bench of the Supreme Court in Universi...to be considered is, whether the High Court or the Supreme Court has got power to issue a writ of quo warranto, as it is a common law remedy of a prerogative nature. In ...Kumar Padma Prasad v. Union of India, (AIR 1992 SC 1213) it was held that the High Court and the Supreme Court can issue a writ of quo warranto in appropriate...
...issuance of a writ of quo-warranto in view of the decision of the Supreme Court in
...appellant by an order dated 21 November 2005. The appellant filed a writ petition before the learned Single Judge under Article 226 of the Constitution seeking the issuance of a writ of quo- ...worked as a teacher for nine years in a High School and Higher Secondary School and issuance of a writ of quo-warranto was sought on the ground that he was not qualified to hold the post ...
...petition seeking writ of quo warranto. The petitioner must show his credentials and a bona fide stake, not personal to him, in the matter. Indeed, the same view has been taken by the Supreme ...of quo warranto the strict rules of locus standi are not strictly applicable as was observed by the Supreme Court in the decision reported as...PRADEEP NANDRAJOG, J.1. The appellant who otherwise has no concern with the post of Director (Finance) under R-2 filed a writ petition seeking writ of quo warranto to quash...
...writ of quo warranto particularly for determination of the petitioner's right to seek a writ of quo warranto.
In the case ...perpetuation of an illegality." In the case of University Of Mysore v. C.D. Govinda Rao, AIR 1965 Supreme Court 491 decide...petition was filed before the Mysore Court under Article 226 of the Constitution of India to issue a writ of quo warranto calling upon Anniah Gowda to show cause as to under what authorit...
...fact that observations are made by a superior authority regarding working of a subordinate employee does not give cause to file writ of quo warranto.
4. The Hon'ble Supreme ...No. 2 to set aside the order dated 10.10.2025 (Annexure P/3).
(ii) To issue a writ in nature of Quo-warranto against respondent No.4 and quash the order on the appointment on the...on the existence of a right in favour of the person invoking the jurisdiction. The exception to the general rule is only in cases where the writ applied for is a writ of habeas corpus or ...
...paid the salary to its employees since the year 2007. The right to claim salary is individual right of employee.3. The Hon'ble Supreme court in ...question of Law and facts are involved, it is always open to file a joint writ by the employees with liberty of the court. The registered association being third party cannot maintain writ in serv...issuance of writ in the nature of mandamus, directing the respondents to release the salary of the employees.2. It is pleaded case of the petitioner that respondent corporation has ...
...petitioner has failed to demonstrate that appointment of 5th respondent is in clear violation of the statutory provisions having the force of law. Consequently, writ of quo ...: AIR 1968 SC 1495 have held that in an unclear case, writ of quo warranto should not be issued and observed as under:- "The High ...above-stated analysis, this Court is satisfied that the petitioner seeking a writ of quo warranto has demonstrably failed to plead and establish that appointment of 5th respondent Dr. Ramesh Chand...
...(University of Mysore v. C.D Govinda Rao) the Supreme Court held that in writ of quo-warranto the Courts should be..., the appointment was held as bad.(iv) The Supreme Court in the decision reported in (2003) 4 SCC 712 (High Court of...paragraphs 22 and 23 the Supreme Court held thus,“22. The High Court in exercise of its writ jurisdiction in a matter of this nature is required to determine at t...
...others vs. Jitendra Kumar Mishra and others [(1998)
7 SCC 273)], the Supreme Court has in terms said that ...interest of justice.
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(iii) Issue Writ of Quo Warranto in respect of all the AIS offic...in accordance with the very Rules. Again this prayer is in the realm is to be attended by the authorities.
3.3. The third prayer is for issuance of writ of Quo...
...matters the public interest litigation is not maintainable. The Hon'ble Supreme Court in the case of Dr. Duryodhan Sahu vs. Jitendra Kumar Mishra4, Gurpal Singh vs. State ... It has been stated that appointment of respondent No.6 is contrary to the law laid down by the Hon'ble Supreme Court in the case of Prakash Singh & others vs...Advocate General appearing in the matter has drawn the attention of this Court towards an order dated 13.03.2019 passed by the Hon'ble Supreme Court in the case of Prakash Singh and other...