Permission to file SLP

Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar, (2008) 9 SCC 54 at page 74

45. We must now deal with the question of locus standi. A special leave petition ordinarily would not have been entertained at the instance of the appellant. Validity of appointment or otherwise on the basis of a caste certificate granted by a committee is ordinarily a matter between the employer and the employee. This Court, however, when a question is raised, can take cognizance of a matter of such grave importance suo motu. It may not treat the special leave petition as a public interest litigation, but, as a public law litigation. It is, in a proceeding of that nature, permissible for the court to make a detailed enquiry with regard to the broader aspects of the matter although it was initiated at the instance of a person having a private interest. A deeper scrutiny can be made so as to enable the court to find out as to whether a party to a lis is guilty of commission of fraud on the Constitution. If such an enquiry subserves the greater public interest and has a far-reaching effect on the society, in our opinion, this Court will not shirk its responsibilities from doing so.

 

Appointment to Constitutional Post is not service matter

State of Punjab v. Salil Sabhlok, (2013) 5 SCC 1 : (2013) 2 SCC (L&S) 1 : 2013 SCC OnLine SC 162 at page 47

79. This being the position, it is not possible to say that the Chairperson of the Public Service Commission does not occupy a constitutional position or a constitutional post. To describe the appointment to a constitutional post generically or even specifically as a “service matter” would be most inappropriate, to say the least.

 

Jurisdictional Error if the Court interferes with a contract and does not consider the rights and obligations of the parties

Soma Isolux NH One Tollway (P) Ltd. v. Harish Kumar Puri, (2014) 6 SCC 75

Writ Petition against a judgment

Mohd. Aslam v. Union of India [(1996) 2 SCC 749] a writ petition under Article 32 of the Constitution was filed seeking reconsideration of the judgment rendered by this Court on the ground that the said judgment is incorrect. Rejecting the prayer, this Court held that Article 32 of the Constitution is not available to assail the correctness of the decision on merit or to claim its reconsideration.

Issue of Maintainablity to be decided first

AIR 1958 SC 687 In Re: K. Kamraja Nadar Vs. Kunju Thevar and others; (2002) 10 SCC 101; In Re: Arun Agarwal Vs. Nagarika Export (P) Ltd. and another; (2004) 13 SCC 575 In Re: Ceylon Biscuits Ltd. Vs. Bakemens Industries (P) Ltd. and others; (2006) 11 SCC 696 In Re: Union of India and Others Vs. Ranbir Singh Rathaur and others.

 

Administrative Order cannot ordinarily impose penalty

Karnataka Rare Earth & Anr v. Senior Geologist (2004) 2 SCC 783

Option of Appeal is not a bar to Section 482 proceedings

Warehousing Corpn. v. Shree Durga Ji Traders, (2011) 14 SCC 615 at page 620

12. We are convinced that in the instant case, rejection of the appellant's petition under Section 482 of the Code has resulted in miscarriage of justice. Availability of an alternative remedy of filing an appeal is not an absolute bar in entertaining a petition under Section 482 of the Code. As aforesaid, one of the circumstances envisaged in the said section, for exercise of jurisdiction by the High Court is to secure the ends of justice. Undoubtedly, the trial court had dismissed the complaint on a technical ground and therefore, interests of justice required the High Court to exercise its jurisdiction to set aside such an order so that the trial court could proceed with the trial on merits.