Tag: Special Appeal

Supreme Court: Person Not Made Party in Case Can Challenge Order That Harms Him
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Person Not Made Party in Case Can Challenge Order That Harms Him

This Supreme Court held that the bar against intra-court appeals under the Allahabad High Court Rules must yield to natural justice. Where a Single Judge's order prejudices a non-party, that person can appeal with leave. The Court reaffirmed that procedural rules cannot thwart the right to a remedy (ubi jus, ibi remedium) for affected persons. Facts Of The Case: A fair price shop license granted to Respondent No. 1 was revoked by the licensing authority for breaching its terms and conditions. Pursuant to this revocation, the license was allotted to the Appellant, Abhishek Gupta. Respondent No. 1 challenged the revocation order and its appellate affirmation before the Allahabad High Court by filing a writ petition. Critically, the Appellant, who was the current allottee of the shop ...
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Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case
1Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case

This Supreme Court ruling clarified that High Courts cannot direct a Central Bureau of Investigation (CBI) probe merely on "doubt" or "assumption." Such an extraordinary power under Article 226 must be exercised sparingly and only in exceptional cases where material prima facie discloses a cognizable offence, ensuring investigative credibility and protecting fundamental rights. Facts Of The Case: The case originated from writ petitions filed before the Allahabad High Court challenging the 2020 recruitment process for Class-III posts in the Uttar Pradesh Legislative Council and Assembly Secretariats. The petitioners, unsuccessful candidates, alleged the selection was arbitrary, unfair, and involved favoritism by the private external agency conducting the exams. They soug...
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