The Court refused to apply the principle laid down by the Supreme Court in Federal Bank Limited v. Sagar Thomas & Ors, that a writ petition under Article 226 of the Constitution is not maintainable against private banks .
Is writ maintainable?
The Supreme Court opined that a writ petition under Article 226 of the Constitution challenging judgments and orders passed by the State Consumer Disputes Redressal Commission is not maintainable .
Which writs can be filed against a private person?
Through Habeas Corpus , Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court. Facts about Habeas Corpus in India: The Supreme Court or High Court can issue this writ against both private and public authorities.
Can Supreme Court refuse to issue writ?
It is clear, therefore, that so long as no order is made by the President to suspend the enforcement of the rights conferred by Part III of the Constitution every person in India, citizen or otherwise, has the guaranteed right to move the Supreme Court for enforcement of the rights conferred on him by Part III of the ...
Can writ be issued against a private person?
It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government. It cannot be issued against a private individual or body, the President or Governors of States or against a working Chief Justices.
What are the 5 types of writs?
TYPES OF WRITS (i) Writ of Habeas Corpus, (ii) Writ of Mandamus, (iii) Writ of Certiorari , (iv) Writ of Prohibition, (v) Writ of Quo-Warranto, Writ of Habeas Corpus: It is the most valuable writ for personal liberty.
When can a writ of mandamus be issued?
A mandamus is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite demand in writing , has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order.
Can a writ petition be challenged?
“In an appropriate case, in spite of availability of the alternative remedy, the High Court may still exercise its writ jurisdiction in at least three contingencies: (i) where the writ petition seeks enforcement of any of the fundamental rights ; (ii) where there is failure of principles of natural justice; or (iii) ...
Can a writ be appealed?
But if the impugned order not an order having a question of law then an Appeal can be directly filed in the Supreme Court of India under Sec . 35L of the above said Act. ... All other types of cases which were challenged in a High Court, Special Leave Petition under Article 136 will lie against the High Court Judgement.
When can a writ petition be dismissed?
HEADNOTE: Where the High Court dismisses a writ petition under Art. 226 of the Constitution after hearing the matter on the merits on the ground that no fundamental right was proved or contravened or that its contravention was constitutionally justified , a subsequent petition to the Supreme Court under Art.
What is Article 21 of the Indian Constitution?
Article 21 of Constitution of India: Protection of Life and Personal Liberty . Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights: Right to life, and. 2) Right to personal liberty.
Which writ is called postmortem in India?
Certiorari is the constitutional remedy which is known as Postmortem. Explanation: The writ of Certiorari signifies “to be ensured”. This writ is given to the sub-par court or councils guiding them to transmit the issue to the court of record procedures pending before them.
Can habeas corpus be issued against private person?
A writ of habeas corpus is issued for release of a person who has been detained unlawfully by the State or by any private individual. A writ of habeas corpus is not issued if the person concerned is not in unlawful detention.
What are the 4 types of jurisdiction?
- Jurisdiction. ...
- Appellate Jurisdiction. ...
- Subject Matter Jurisdiction. ...
- Personal Jurisdiction. ...
- Diversity Jurisdiction. ...
- Concurrent Jurisdiction. ...
- Exclusive Jurisdiction.
Can a case go directly to the Supreme Court?
Original jurisdiction means the Supreme Court can hear a case that’s come to it directly, without the matter having gone through rulings and appeals in a lower court. This can involve a dispute between states, with no other federal court having jurisdiction over the case. Those matters, however, are pretty rare.
Can Supreme Court Judgement be challenged?
The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition . ... Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it.
