Judicial Review

Case BriefsHigh Courts

Pat HC | Entire examination process of Bihar Public Service Commission does not deserve to be derailed only because some candidates perceive injustice have been caused to them by an erroneous question or an erroneous answer

Patna High Court: The Division Bench of Shivaji Pandey and Partha Sarthy, JJ., addressed the demand of Bihar Public Service Commission to

Case BriefsHigh Courts

Jhar HC | [Interference under Art. 226] A writ of certiorari can be issued only in exercise of supervisory jurisdiction which is different from appellate jurisdiction; HC reiterates

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ. and Sujit Narayan Prasad, J. while dismissing the present appeal, relied

Case BriefsHigh Courts

[Flashback] Can Polygamy be an integral part of any religion? Read Allahabad HC’s decision on finding a Government Servant being guilty of ‘Bigamy’

Allahabad High Court: Sudhir Agarwal, J., found a government servant to be guilty of the offence of bigamy. The instant petition was filed

Case BriefsHigh Courts

HP HC | [Policy and Education] Opening of a Government College is a policy decision of the Government permitting limited scope of judicial review

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while vacating the interim order to

Case BriefsHigh Courts

Pat HC | Court while exercising jurisdiction of judicial review, cannot examine sufficiency of reasons for satisfaction of competent authority in initiating disciplinary proceedings against delinquent employees

Patna High Court: In a petition filed under Article 226 of the Constitution for issuance of a writ of certiorari, Birendra Kumar,

Case BriefsHigh Courts

Utt HC | While exercising its powers of judicial review of any administrative action, Courts cannot interfere with administrative decision unless it suffers from vice of illegality, irrationality or procedural impropriety

Uttaranchal High Court: Lok Pal Singh, J., dismissed a petition which was filed aggrieved by the cancellation of selection process of the

Case BriefsSupreme Court

Can strict rules of evidence be applied to disciplinary proceedings? Here’s what SC says

Supreme Court: The 3-judge bench of NV Ramana, SA Nazeer and Surya Kant, JJ has elaborately discussed the power of the Disciplinary

Case BriefsHigh Courts

J&K HC | Mere reproduction of police dossier in detention order cannot justify judicial application of mind and is reflective of callous attitude of authorities

Jammu and Kashmir High Court: Puneet Gupta, J. dismissed the writ petition and set aside the detention order on the grounds that

Case BriefsHigh Courts

Ori HC | Judicial review of administrative actions to be done only if it suffers from vice of illegality, Irrationality or Procedural Impropriety

Arunima Bose, Editorial Assistant has put this story together

Case BriefsHigh Courts

Ker HC | Citing ‘limited scope of judicial review in scheduling of examinations’, HC declines to put a stay on examinations to be conducted by Kerala University and Kerala Law Academy

Kerala High Court: While deciding the instant petitions seeking directions for the Kerala University to postpone the examinations scheduled on 1-7-2020, C.S.

Case BriefsForeign Courts

SCOTUS | US Government’s decision to rescind DACA is capricious & arbitrary and therefore can be judicially reviewed

Supreme Court of The United States: In a landmark decision affecting the immigrants in the United States of America, the 9 Judge

Case BriefsSupreme Court

High Court can pass an order interdicting the legal fiction as contemplated under State Act

“The Courts are guardians of the rights and liberties of the citizen and they shall fail in their responsibility if they abdicate

Case BriefsHigh Courts

Jhar HC | Interference with orders passed pursuant to departmental enquiry can only be in case of ‘no evidence’

Jharkhand High Court: Dr S.N. Pathak, J. dismissed the instant writ petition being devoid of merit. The brief facts of the case

Case BriefsHigh Courts

Utt HC | Construction of roads fall in the executive realm and cannot be brought under judicial review proceeding under Art. 226

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ and Alok Kumar Verma, J., dismissed a petition filed seeking laying of

Case BriefsForeign Courts

Canada SC | Obligation to inspect the safety of workplace is limited to the parts which are controlled by the employer

Supreme Court of Canada: A Full Bench of Wagner, CJ. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin, JJ. allowed

Case BriefsHigh Courts

Raj HC | Court can exercise its power of judicial review if the quantum of penalty is disproportionate

Rajasthan High Court: A Division Bench of Narendra Singh Dhaddha and Mohammad Rafiq, JJ. dismissed the appeal filed by Rajasthan State Road

Op EdsOP. ED.

Extent of Judicial Review in Foreign Awards: Whether Arbitration and Conciliation (Amendment) Act, 2015 expanded the scope of “Public Policy” in Section 48 of the Act

by Soumyajit Saha†

Case BriefsHigh Courts

Selection by Select committee formed for promotion of IAS candidates can be put to judicial review

Punjab and Haryana High Court: A 2-Judge Bench comprising of Mahesh Grover and Rajbir Sehrawat, JJ., addressed a petition filed against an

Case BriefsForeign Courts

Doctrine of ‘duty to consult’ indigenous people not applicable to legislative action, amounts to trespass on the legislature’s domain

Supreme Court of Canada: A Nine-Judge Bench comprising of Wagner C.J., and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin, JJ.

Case BriefsForeign Courts

Determination of the merits of a non-refoulement claim is a matter for the Director and the Board, not for the Court

High Court of The Hong Kong Special Administrative Region: A Bench comprising of Hon Yeung Ag CJHC, Hon Poon and Pang JJA.,