Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

The case involved a dispute over the writ jurisdiction of the ...


Supreme Court Rules High Court Can't Issue Writs to Private Entities Post-Public Sector Privatization.

May 27, 2024

Case Laws     Indian Laws     SC

The case involved a dispute over the writ jurisdiction of the High Court post privatization of (AIL) by a private corporate entity. - Erstwhile Public sector undertaking (PSU) - The issue was whether the High Court could exercise writ jurisdiction over a private entity. The employee-writ petitioner argued that the petition was maintainable against the respondent at the time of filing. Various High Courts had held that a government company becoming a private entity would make it immune from writ jurisdiction. The Supreme Court held that the High Court could not issue a writ to a private entity that had taken over during the pendency of the case. The delay in disposal of the writ petitions was considered a valid ground to continue the case, but the appellants were directed to seek remedy from another forum. The appeal was dismissed, upholding the decision of the Bombay High Court to deny equitable relief and require the appellants to approach the appropriate forum for their grievances.

View Source

 


 

You may also like:

  1. SC determined writ petition maintainability against private financial company under Article 226. Court applied "function test" to assess whether entity performs public...

  2. Maintainability of writ petition - The High court held that the 1st respondent company, being a Public Sector Undertaking with the majority of its shares held by...

  3. Gross NPAs of Public Sector Banks Stood at Rs.71,047 Crore as on 31st March,2011.

  4. Warehousing - Applicability of Circular No. 128/95-Cus. - Applicability to private sector warehouses or public sector warehouse - In view of the clear distinction...

  5. The Reserve Bank of India has permitted four additional entities - Annapurna Finance Private Limited, Incred Financial Services Limited, PayU Finance India Private...

  6. Legal services to poor - Report of Law Commission of India - The legal profession must make its services available to the needy by developing its public sector. It was...

  7. Rejection of the nomination of the writ petitioners for the directorship of the appellant under Section 160 of the Companies Act, 2013 by the appellant bank - the issue...

  8. Scope of RTI - private unaided educational institution - It cannot be disputed that educational institutions, whether private or public, perform a critical public...

  9. Exemption from Service Tax - Road construction services in private commercial premises - The Tribunal analyzed the wording of Notification No. 24/2009 and its...

  10. Refund of excise duty - pre and post GST era - duty paid on clearance of goods prior to 1.7.2017 and such goods had been returned by the buyer as defective after...

  11. Action on the complaint of the petitioner sent through speed post - Request for necessary investigation may be done against private respondents - Writ of Mandamus -...

  12. Invocation of extraordinary writ jurisdiction - petitioner not entitled to exclusion of time taken in writ proceedings from limitation period for filing appeal. Abuse of...

  13. Public interest - compulsory amalgamation - The expression “public interest” would mean the welfare of the public or the interest of society as a whole, as contrasted...

  14. Central Government notification u/s 47(viiaf) of Income Tax Act, 1961 regarding transfer of capital asset from NLC India Limited (transferor public sector company) to...

  15. Exemption u/s 10(10AA) - exemption from income tax from the leave encashment amount at the time of retirement of the employees other than government employees - as...

 

Quick Updates:Latest Updates