Whether a writ petition is maintainable wherein alternative remedy under the ID Act is available?
From India, New Delhi
418From India, New Delhi
Not only under the IDA,1947, when an alternative remedy is available under any particular law, the Court will not exercise its writ jurisdiction and as such normally the writ petition would be dismissed accordingly.
From India, Salem
From India, Salem
A writ can lie only against 'State' and more particularly when constitutional principles (say Fundamental Rights) are alleged to be violated.
From India, Mumbai
From India, Mumbai
Elaborating the legal position of the Writ jurisdiction of the Supreme Court and the High Courts pointed out by our KK!HR, I would like to add that it can be exercised even against a private company when it is charged with or delegated to do certain public functions is the ratio decidendi of the judgment of the Supreme Court in N.C.Mehta v Union of India and Others.
However, in industrial disputes, the writ jurisdiction of High Court is invoked under Article 226 by either the employer or the employee only when either one is aggrieved by the orders of the authorities under the IDA,1947. Position is the same in respect of other labor laws too where the decision of an authority is said to be final.
From India, Salem
However, in industrial disputes, the writ jurisdiction of High Court is invoked under Article 226 by either the employer or the employee only when either one is aggrieved by the orders of the authorities under the IDA,1947. Position is the same in respect of other labor laws too where the decision of an authority is said to be final.
From India, Salem
Dear Elite CiteHR Leaders
Thanks for your feedback. I am having one doubt. Usually writ can be filed against any Government departments, courts and cannot be filed on private companies or individuals. Writ of haebus corpus will direct the local police to find a missing person like that. Whether writ can be filed on private companies or Union offices ?
From India, New Delhi
Thanks for your feedback. I am having one doubt. Usually writ can be filed against any Government departments, courts and cannot be filed on private companies or individuals. Writ of haebus corpus will direct the local police to find a missing person like that. Whether writ can be filed on private companies or Union offices ?
From India, New Delhi
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Writ petition in APHC to be filed.doc
Order dated 21_10_2016 in Writ Petition Criminal 136 of 2016.pdf