High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC
2 years, 5 months ago

High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC

Live Law  

The Delhi High Court has observed that the supervisory jurisdiction under Article 227 of the Constitution of India cannot be exercised by High Courts to monitor the progress of cases before lower courts. "It is not possible for this Court, exercising jurisdiction under Article 227 of the Constitution of India, to monitor the progress of cases before the fora below," Justice C Hari. "It is not possible for this Court, exercising jurisdiction under Article 227 of the Constitution of India, to monitor the progress of cases before the fora below," Justice C Hari Shankar observed. "Supervisory jurisdiction under Article 227 of the Constitution of India can be exercised only in cases where the forum, subject to the superintending jurisdiction of this Court, acts in a manner which calls for supervisory correction," the Court observed.

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History of this topic

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court
3 weeks, 4 days ago

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court

Live Law  

The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section …

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law
2 months ago

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law

Live Law  

The Delhi High Court has allowed a writ petition filed under Article 227 to overturn the order of the District Judge dismissing a Section 34 petition. The Court observed that the interpretation of Section 42 of the A&C Act by the District Judge was completely erroneous and that the petition could only have been filed in the High Court. The …

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs
1 year ago

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs

Live Law  

The Delhi High Court has issued directions for expeditious and effective disposal of criminal cases pending in the designated courts against the members of Parliament and Legislative Assemblies. A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure almost equal pendency of. A …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 5 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital
1 year, 8 months ago

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital

Live Law  

The Delhi High Court on Wednesday sought response of the Union of India and Delhi Government on a plea seeking directions upon them to consider enacting the Advocates Protection Act in the national capital.Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the lawyers’ body and the Coordination Committee of Bar Associations of …

Judiciary role is only to test legality of statute, not to modify it, says Delhi High Court
1 year, 10 months ago

Judiciary role is only to test legality of statute, not to modify it, says Delhi High Court

India TV News  

Delhi High Court on judiciary role: The Delhi High Court on Saturday said that the role of the judiciary is primarily only to test the legality of a statute and not to amend or modify a statute while dismissing a petition seeking direction to constitute a Regulatory Authority or censor board to censor or review the non-film songs. Setting up …

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022
2 years ago

Arbitration Cases Weekly Round-Up: 4 December To 10 December, 2022

Live Law  

Bombay High Court: Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court Case Title: M/s. A&C Amendment Act of 2015 Applies Even If Arbitration Commenced Prior, In Case It Is Stated That Amendment Act Applies: Bombay High Court Case Title: M/s Skoda Auto Volkswagen India Private Limited versus M/s Commercial …

Delhi High Court Weekly Round Up: September 26 To October 2, 2022
2 years, 2 months ago

Delhi High Court Weekly Round Up: September 26 To October 2, 2022

Live Law  

NOMINAL INDEX Citations 2022 LiveLaw 906 TO 2022 LiveLaw 926 1. CCI Director General's Report Not Determinative Or Conclusive, Commission Can Consider All Aspects Before Final Decision: Delhi High Court Title: BUILDERS ASSOCIATION OF INDIA v. COMPETITION COMMISSION OF INDIA Citation: 2022 LiveLaw 908 The Delhi High Court has said a probe report prepared by the Director General of Competition …

Writ Jurisdiction Can Be Exercised Only When Either The Person Or Authority To Which Writ Issued, Or Cause Of Action Is Within Its Territory: Delhi HC
2 years, 3 months ago

Writ Jurisdiction Can Be Exercised Only When Either The Person Or Authority To Which Writ Issued, Or Cause Of Action Is Within Its Territory: Delhi HC

Live Law  

The Delhi High Court has observed that it can exercise its power under Article 226 of the Constitution of India either when the person or authority to which the writ is to be issued is located within its territory, or the cause of action, in part or whole, arises within its territory. After the petitioner unsuccessfully appealed against the order …

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC
2 years, 4 months ago

High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC

Live Law  

"The High Court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not to act in a manner as could convey an impression that the court is playing the role of headmaster," the Delhi High Court has observed. Justice C Hari Shankar further added that if the High Court starts interfering with …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 4 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]
2 years, 5 months ago

Delhi High Court Half Yearly Digest: January To June 2022 [Citations 1 - 598]

Live Law  

Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day Imprisonment Case Title: RAKESH KUMAR v. VIJAYANTA ARYA AND ORS Citation: 2022 LiveLaw 1 In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid down by …

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court
2 years, 8 months ago

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently observed that High Court cannot issue writs under Article 226 of the Constitution challenging the orders of the Labour Court as it is a Civil Court and only supervisory jurisdiction under Article 227 can be exercised. hile challenging an award under the Industrial Disputes Act, 1947, the Labour Court exercises powers and jurisdiction of …

Armed Forces Tribunal Act Excludes Administrative Supervision Of High Court But Not Judicial Superintendence & Jurisdiction U/A 226: Delhi HC
2 years, 9 months ago

Armed Forces Tribunal Act Excludes Administrative Supervision Of High Court But Not Judicial Superintendence & Jurisdiction U/A 226: Delhi HC

Live Law  

The Delhi High Court has held that while the Armed Forces Tribunal Act, 2007 excludes the administrative supervision of the High Court under Article 227 of the Constitution but, it does not exclude the judicial superintendence and jurisdiction under Article 226. The Court concluded that the jurisdiction of High Court under Articles 226 and 227 cannot be bypassed merely by …

Armed Forces Tribunal Act Excludes Administrative Supervision Of High Court But Not Judicial Superintendence & Jurisdiction U/A 226: Delhi HC
2 years, 9 months ago

Armed Forces Tribunal Act Excludes Administrative Supervision Of High Court But Not Judicial Superintendence & Jurisdiction U/A 226: Delhi HC

Live Law  

The Delhi High Court has held that while the Armed Forces Tribunal Act, 2007 excludes the administrative supervision of the High Court under Article 227 of the Constitution but, it does not exclude the judicial superintendence and jurisdiction under Article 226. The Court concluded that the jurisdiction of High Court under Articles 226 and 227 cannot be bypassed merely by …

Article 227 - High Court Cannot Go Deep Into Factual Issues Like An Appellate Body : Supreme Court
2 years, 9 months ago

Article 227 - High Court Cannot Go Deep Into Factual Issues Like An Appellate Body : Supreme Court

Live Law  

The Supreme Court, in a judgment delivered on 23rd February, held that the High Court while exercise powers of a supervisory Court under Article 227 of the Constitution of India cannot act as an appellate body to re-appreciate evidence. It was asserted that the findings of the Appellate Tribunal was based on evidence and ought not to have been interfered …

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court
2 years, 9 months ago

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court under Article 227 of the Constitution of India. "…it may be noted that the power under Article 227 of the Constitution of India being one of judicial superintendence cannot be exercised to upset conclusions, howsoever …

Difference Between Article 226 & Article 227 Of Constitution: Gujarat High Court Explains
2 years, 10 months ago

Difference Between Article 226 & Article 227 Of Constitution: Gujarat High Court Explains

Live Law  

The Gujarat High Court has recently held that the High Court must exercise its Supervisory powers under Article 227 of the Constitution sparingly. The Bench cautioned that the exercise of power under Article 227 must be done to ensure that the Courts and Tribunals function within the bounds of authority and the law, but the High Court must not interfere …

Subordinate Courts Can't Assume Jurisdiction & Issue Contempt Notices, Power Rests With HC Alone: Delhi High Court
2 years, 11 months ago

Subordinate Courts Can't Assume Jurisdiction & Issue Contempt Notices, Power Rests With HC Alone: Delhi High Court

Live Law  

The Delhi High Court has observed that the power to issue notices for contempt of subordinate courts rests solely with the High Court exercising jurisdiction over it.Justice Amit Bansal observed,"Subordinate courts cannot assume jurisdiction and issue show cause notice as to why contempt proceedings be not initiated. The Delhi High Court has observed that the power to issue notices for …

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court
2 years, 11 months ago

Power Of Judicial Review Under Article 226 Is Basic Feature Of Constitution; Can't Be Curtailed By Any Legislation: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the basic features of the Constitution and any legislation cannot override or curtail such jurisdiction. Furthermore, the court observed that High Courts, while exercising their jurisdiction under Article 226, are duty bound to consider …

Delhi High Court: Annual Digest 2021
3 years ago

Delhi High Court: Annual Digest 2021

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates of the Delhi High Court. Dissent & Right To Protest Fundamental For Democratic Polity; Sole Act Of Protesting Must Not Be Employed As A Weapon To Justify Incarceration Of Protestors: Delhi High Court "…the sole act of protesting should not be …

Centre Not Appointing HC Judges After Collegium Clearances Causing Judicial Delay : Supreme Court
3 years, 4 months ago

Centre Not Appointing HC Judges After Collegium Clearances Causing Judicial Delay : Supreme Court

Live Law  

The Supreme Court has once again expressed exasperation at the delay on the part of the Union Government in filling up the mounting vacancies of judges in High Courts across the country.In an order passed on Monday, the Top Court observed that the "recalcitrant attitude" of the Government in not appointing High Court judges even years after the Supreme Court …

"We Are Not Overtaking The Powers Of High Courts Or The Executive": Read The Full Courtroom Exchange In Supreme Court's Suo Motu Covid Matter
3 years, 7 months ago

"We Are Not Overtaking The Powers Of High Courts Or The Executive": Read The Full Courtroom Exchange In Supreme Court's Suo Motu Covid Matter

Live Law  

Having taken suo moth cognisance of the COVID- related issues in the country, the Supreme Court on Tuesday clarified that it does not intend to supplant or substitute the High Courts in their dealing of the practical issues and problems in their territories. We are on the national issues, the broader issues of a systematic nature, the issues which are …

Delhi High Court Directs Administrative Wing & Delhi Govt To Consider Digitization Of All Court Records
3 years, 9 months ago

Delhi High Court Directs Administrative Wing & Delhi Govt To Consider Digitization Of All Court Records

Live Law  

The Delhi High Court has observed that the technological infrastructure that was added to it for conducting virtual hearings during the Covid-19 pandemic must be capitalized even after resumption of physical hearings from March 15. The SOP, inter alia, proposes: Increase in bandwidth of lease lines within a period of 2-3 weeks; Strict timelines be imposed on a bidder who …

Delhi High Court Seeks Status Report From Subordinate Courts On Feasibility Of Hybrid Functioning
3 years, 10 months ago

Delhi High Court Seeks Status Report From Subordinate Courts On Feasibility Of Hybrid Functioning

Live Law  

In a plea seeking direction for the Subordinate Courts and Quasi-Judicial bodies in Delhi to hold hybrid hearings, the Delhi High Court on Tuesday called for a status report as to the manner in which Subordinate Courts are currently functioning and if the necessary infrastructure is available for them to hold hybrid hearings. The plea The prayer in the petition …

Delhi High Court Resolves To Extend Existing Arrangement of Hearing Of Matters Till 16 Jan 2021
4 years, 1 month ago

Delhi High Court Resolves To Extend Existing Arrangement of Hearing Of Matters Till 16 Jan 2021

Live Law  

Full Court of the Delhi High Court has resolved, by circulation to extend the existing arrangement of hearing of matters till 16th January, 2021, in wake of the rising COVID-19 cases in the National Capital Territory of Delhi. The decision was taken by the Full Court which, by circulation, was to consider the further extension of the arrangement of hearing …

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
4 years, 1 month ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

Live Law  

The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

Delhi High Court Orders The Inspection Of A Detention Centre's Living Conditions By A Judicial Officer
4 years, 1 month ago

Delhi High Court Orders The Inspection Of A Detention Centre's Living Conditions By A Judicial Officer

Live Law  

The Delhi High Court on Monday directed the Principal District & Sessions Judge to depute a Judicial Officer to visit a detention centre located in Delhi and inspect the same with respect to the conditions prevailing there. Lastly, it was submitted that a Judicial Officer be directed to visit the detention centre and submit a report to the High Court …

Delhi HC To Continue Restrictive Functioning Till Aug 31, Might Resume Partial Physical Functioning From Sep 1 Subject To Situation [Read Order]
4 years, 4 months ago

Delhi HC To Continue Restrictive Functioning Till Aug 31, Might Resume Partial Physical Functioning From Sep 1 Subject To Situation [Read Order]

Live Law  

The Delhi High Court has decided to continue with the current mode of restricted functioning in light of the ongoing COVID19 pandemic. As per the decision taken by the Administrative and Supervision Committee of the Delhi High Court, the restrictive functioning of the courts subordinate to the High Court will also be extended till August 31. It has also been …

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till August 14 [Read Order]
4 years, 4 months ago

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till August 14 [Read Order]

Live Law  

The Delhi High Court has decided to continue with the current mode of restricted functioning in light of the extension of the nationwide lockdown. As per the decision taken by the Administrative and Supervision Committee of the Delhi High Court, the restrictive functioning of the courts subordinate to the High Court will also be extended till August 14. It has …

Administrative Tribunal Not An 'Alternative', But The'Only' Forum For Service Matters : Delhi HC [Read Order]
4 years, 5 months ago

Administrative Tribunal Not An 'Alternative', But The'Only' Forum For Service Matters : Delhi HC [Read Order]

Live Law  

In a recent decision, the single bench of the Delhi High Court held that, in service matters the High Court lacks original jurisdiction under Article 226 of the Constitution. The bench of Justice Jyothi Singh, by placing reliance on the landmark apex court decision in L.Chandra Kumar v. Union of India 3 SCC 261 observed that, "It is clear that …

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till July 15 [Read Order]
4 years, 5 months ago

Delhi HC And Subordinate Courts To Continue Restrictive Functioning Till July 15 [Read Order]

Live Law  

The Delhi High Court has decided to continue with the current mode of restricted functioning in light of the extension of the nationwide lockdown. As per the decision taken by the Administrative and Supervision Committee of the Delhi High Court, the restrictive functioning of the courts subordinate to the High Court will also be extended till July 15. It has …

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