Showing posts with label High Court. Show all posts
Showing posts with label High Court. Show all posts

Whether High Court can grant relief on merits in a Contempt Petition when there was mere a direction by the court to "consider"

The court had directed to consider employees’ representation. The representation was considered and rejected on merits. Employee instead of assailing rejection in a fresh Writ Petiton, filed contempt Petition.


High Court disposed of the Contempt Petition by directing that the employee be absorbed in a suitable post.


Such an order is wholly without jurisdiction and should not have been passed. High Court cnanot give relief on merits, especially if contempt petition is not maintainable.


Source: (2000) 10 SCC 285

How the validity of order by statutory authority should be judged?

It should be judged by the reasons so mentioned in the order. The reasons cannot be supplemented by fresh reasons in the shape of affidavit or otherwise.

Source: AIR 1978 SC 851 (Mohinder Singh Vs. The Cheif Election Commisisoner)

Affidavit sworn before Notaries - can be presented before High Court

Swearing of affidavit to be filed in High Court in a writ petiton.

Affidavit sworn before Notaries can be presented in proceedings before High Court

Source: AIR 2006 ALL 26 (ALL = Allahabad)

High Court writing a short and cryptic judgment

High Court writing a short and cryptic judgment. Appeal disposed of in most unsatisfactory manner exhibiting complete not application of mind. No consideration of evidence by parties. Such a judgment is liable to be set aside.

Source: AIR 2005 Supreme Court 4417