Railways -- LARSGESS Scheme - Respondents were preferred writ petition on basis of LARSGESS Scheme floated by Railways - Scheme itself was terminated by Union of India in 2019 - Since then Court consistently refused to accept, acknowledge and uphold any right flowing from provisions of Scheme - Tribunal was not justified in passing directions in the matter and High Court..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment), O.7.R.11 - Revision - Rejection of plaint - When a revisional Court rejects a plaint, in substance, an application filed U.O.7.R.11 CPC is being allowed - Under such circumstances, remedy by way of a writ petition u/art 227 of Constitution could be availed - Although if plaint had been rejected by trial Court,..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Writ petition - Maintainability - Challenging dismissal of application for rejection of suit on ground of no cause of action - Suit for permanent injunction was filed by plaintiff/respondent to restrain petitioner/defendant from infringing copyright - Whether plaintiff would succeed or not, cannot dictate existence of..........
Constitution of India, 1950, Article 226, Income Tax Act, 1961, Section 148 -- Reopening of assessment - Dismissal of writ petition challenging re-assessment - Challenge as to - None of the grounds raised in writ petition, challenging re-assessment has been considered by High Court on merits - High Court dismissed the writ petition in an unreasoned order - The bereft..........
Tender -- Bid - Writ jurisdiction - Writ Court should refrain itself from imposing its decision over decision of employer as to whether or not to accept the bid of a tenderer...........
Contract -- Writ jurisdiction - Any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process of services meant for larger public good...........
Constitution of India, 1950, Article 226, Rajasthan Judicial Service Rules, 2010, Rule 45, 46 -- Writ petition - Challenging discharge from Judicial service on ground of passing wrong order - Petitioner/Judicial Officer allegedly granted bail to accused in bribe case for extraneous considerations - Said allegations not supported with oral or documentary material - There is..........
Specific performance -- Writ petition under Article 226 of the Constitution is not maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance was barred by limitation...........
Constitution of India, 1950, Article 226 -- Writ appeal - There must be an independent application of mind and at least some independent reasoning to be given by appellate Court while deciding and disposing of writ appeal - Since there is no independent application of mind at all by Division Bench while deciding appeal as such order of High Court dismissing writ appeal..........
Work Contract -- Specific performance - Writ of mandamus u/art 226 of Constitution cannot be issued, virtually granting relief of specific performance of contract/work contract...........
