Legal Question in Constitutional Law in India

writ petition is maintainable aginst private body?

Asked on 1/29/10, 12:48 am

3 Answers from Attorneys

Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Yes, writ petition is maintainable aganist private body sometimes, but not all the time.

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Answered on 1/29/10, 6:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Maintainability of a writ petition against private bodies depend upon their functions and characters. At times private bodies are discharging "public" functions making them amenable to writ jurisdiction. There may be several such situations which are to be examined on case to case basis.

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Answered on 1/31/10, 8:50 pm
Praveen Vyapari Law Chambers

A writ may be maintained against a private body only if such private body is discharging functions which are the duties of the State, either as its instrumentality or even if such body shows that the State has pervasive control and supervision upon the functioning of such private body, such as prescribing rules of operation ofthe functions, provision of finances for disbursment of salaries etc;

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Answered on 2/02/10, 10:27 am

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