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Supreme Court of India 2016-03-09 dismissed

Pratibha Ramesh Patel vs Union of India & Ors

Bench: 2 — Kurian

In Brief

A petitioner filed a writ petition under Article 226 before the Bombay High Court challenging amendments to banking and cooperative society legislation and seeking to quash recovery proceedings. The High Court admitted the petition and granted a conditional interim order. The petitioner then filed a substantially identical writ petition under Article 32 before the Supreme Court. The Court dismissed the petition, holding that invoking constitutional remedies before the High Court bars filing identical petitions before the Supreme Court on the same facts and for the same reliefs, as this constitutes an abuse of process of court.

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Constitutional Law Writ Jurisdiction Abuse of Process Civil Procedure

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