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, 6 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

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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 of the Disciplinary Authority to the Chairman and Director of the PDIL, Noida, the Delhi High Court was moved to activate its writ jurisdiction under Article 226 and set aside the impugned order and direct PDIL to reimburse the petitioner to the extent of his entitlement. The first condition is given in Article 226 and refers to a situation where the person or authority to which the writ is to be issued, falls within the territory of the concerned High Court. The second condition under Article 226 extended the writ jurisdiction of the High Court to matters where the cause of action has arisen within the territory of this Court.

India Delhi Jurisdiction Writ Jurisdiction Court Delhi High Court Jharkhand Writ Order Cause High Article Territory This Court Authority Petitioner Sindri Its Territory Pdil  petitioner  authority  pdil  jurisdiction  court  hc  issued  high  article  writ  exercised  cause  delhi  person  order  territory

History of this topic

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC
5 days, 16 hours ago

Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC

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The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court stated thus, “It is trite that in disciplinary proceedings, the High Court, in exercise of power under Article 226 or 227 of the Constitution of India, shall not venture into reappreciation of …

Article 226| Mere Existence Of Disputed Questions Of Fact Won't Affect Writ Court's Jurisdiction To Grant Relief: Supreme Court
2 weeks, 6 days ago

Article 226| Mere Existence Of Disputed Questions Of Fact Won't Affect Writ Court's Jurisdiction To Grant Relief: Supreme Court

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The Supreme Court yesterday observed that while the High Court does not generally determine the disputed questions of fact in its writ jurisdiction, the mere existence of disputed factual questions does not preclude the High Court from granting appropriate relief to the petitioner. In a case where the Court is satisfied, like the one on hand, that the facts are …

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions
1 month, 1 week ago

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions

Live Law  

The Kerala High Court has stated that proceedings that may result in punishments such as death, imprisonment and forfeiture of property should be filed as Writ Petitions. The Registrar clarified that as per a notification dated April 11, 2013, writ petition was adopted in the High Court for petitions under Article 226 for writ of Habeas Corpus and for other …

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court
1 month, 3 weeks ago

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

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The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. The service conditions of an employee is governed by the Service rules and violation of service rules would not come within the purview of violation of discharge of public functions and, therefore, …

[Municipal Corporation Act] Writ Petition Against District Judge's Order Upholding Imposition Of Property Tax Not Maintainable: Chhattisgarh HC
2 months ago

[Municipal Corporation Act] Writ Petition Against District Judge's Order Upholding Imposition Of Property Tax Not Maintainable: Chhattisgarh HC

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The Chhattisgarh High Court has held that it cannot exercise writ jurisdiction against an order by the District Judge, which is the Appellate Authority under the Municipal Corporation Act 1956, upholding imposition of property tax. In doing so, single judge Justice Narendra Kumar Vyas cited Section 149 of the Act which prescribes that the Appellate Authority is amenable to revisional …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
3 months, 1 week ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

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The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
4 months ago

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

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The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute for granting any relief, by assuming jurisdiction under Article 226 of the Constitution. Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division …

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition
9 months, 1 week ago

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition

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The Delhi High Court bench of Justice Jasmeet Singh has held that the arbitration clause is not invalidated merely on the ground that the number of arbitrators, as per the arbitration clause, was an even number and therefore, was in contravention of Section 10 of the Arbitration and Conciliation Act, 1996. All disputes shall be subjected to Delhi Jurisdiction only.” …

Madras High Court: Every Claim Of Operational Creditors Includes Right To Their Property Under Article 300A Of The Constitution
9 months, 1 week ago

Madras High Court: Every Claim Of Operational Creditors Includes Right To Their Property Under Article 300A Of The Constitution

Live Law  

The Madras High Court comprising of Justice N. Seshasayee held that every claim by operational creditors involves a right to their property under Article 300A of the Constitution of India. Observations by the High Court: The Madras High Court dismissed the writ petition and highlighted a key point that every claim by operational creditors involves a right to their property …

When State Constitutes Proper Dispute Redressal System, Party Cannot Directly Approach High Court Under Writ Petition: Madhya Pradesh High Court
10 months, 1 week ago

When State Constitutes Proper Dispute Redressal System, Party Cannot Directly Approach High Court Under Writ Petition: Madhya Pradesh High Court

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The Madhya Pradesh High Court single bench of Justice Gajendra Singh held that when the government constitutes a proper dispute redressal system for resolution of any dispute between the parties, the party cannot directly approach the High Court and file a writ petition. Feeling aggrieved, the Petitioners approached the Madhya Pradesh High Court and filed a writ petition. The High …

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum
10 months, 2 weeks ago

Writ Is Not Maintainable Against Private Companies, Orrisa High Court Suggests Workmen To Pursue Matter In Appropriate Forum

Live Law  

The Orrisa High Court single bench of Justice Aditya Kumar Mohapatra dismissed a writ petition against private companies based on the reason that private companies do not classify as the State, as defined under Article 12 of the Indian Constitution. Brief Facts: All Odisha Bharati Infratel Contractual Technicians Union filed a writ petition before the High Court of Odisha, representing …

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
11 months, 1 week ago

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains

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Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy. Observing that …

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
11 months, 2 weeks ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court
11 months, 2 weeks ago

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court

Live Law  

The High Court of Delhi has held that an order of the arbitral tribunal rejecting an application challenging its jurisdiction under Section 16 of the A&C Act cannot be challenged in a writ petition unless the order is so perverse that it shocks the conscience of the Court. During pendency of the arbitration proceedings, the petitioner moved an application under …

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court
11 months, 2 weeks ago

Sec. 11, A&C Act Petition Must Be Filed In High Court Where Cause Of Action Arose, Not Necessarily At Principle Place Of Business: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh dismissed the application filed under Section 11 of the Arbitration and Conciliation Act, 1996 and held that such a petition should be filed at the place of the subordinate office of the corporation. “In the present case as well, the subordinate office of the respondent is situated at Satna, Madhya …

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
1 year, 1 month ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
1 year, 1 month ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

Generic Exclusive Jurisdiction Clause In Agreement Doesn't Supersede Courts' Jurisdiction Of Arbitration Seat: Delhi High Court
1 year, 1 month ago

Generic Exclusive Jurisdiction Clause In Agreement Doesn't Supersede Courts' Jurisdiction Of Arbitration Seat: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that even if the agreement specifies exclusive jurisdiction on a different court, courts having jurisdiction over the seat of arbitration retain supervisory authority over the arbitral process. Therefore, it held that the presence of a generic exclusive jurisdiction clause does not diminish Delhi courts' jurisdiction as the seat of …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 4 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Calcutta High Court Criticizes Party For Invoking Writ Jurisdiction For Registration Of FIR Against Police Officials Over Alleged Violence
1 year, 8 months ago

Calcutta High Court Criticizes Party For Invoking Writ Jurisdiction For Registration Of FIR Against Police Officials Over Alleged Violence

Live Law  

The Calcutta High Court on Tuesday set aside a single-judge order directing registration of FIR against certain police officials of Baruipur district for alleged violence, while exercising writ jurisdiction under Article 226 of the Constitution. Questioning the perpetual practise of approaching the High Court under Writ Jurisdiction when there are alternate remedies available under other statutes, a bench of Chief …

Second Writ Petition Seeking To Enforce Order Made In An Earlier Writ Petition Is Maintainable: Orissa High Court Reiterates
2 years, 2 months ago

Second Writ Petition Seeking To Enforce Order Made In An Earlier Writ Petition Is Maintainable: Orissa High Court Reiterates

Live Law  

The Orissa High Court has reiterated that a second writ petition, which is filed seeking enforcement of order made in an earlier writ petition, is maintainable. While clarifying the position, the Single Judge Bench of Justice Arindam Sinha relied upon the decision of the Calcutta High Court in Indrapuri Studio v. State of West Bengal, 2003 Calcutta High Court Notes …

Writ Courts Can't Sit In Armchair Of Financial Experts U/Art 226, Business Prudence Can't Be Subject Matter Of Judicial Scrutiny: Gujarat High Court
2 years, 2 months ago

Writ Courts Can't Sit In Armchair Of Financial Experts U/Art 226, Business Prudence Can't Be Subject Matter Of Judicial Scrutiny: Gujarat High Court

Live Law  

The Gujarat High Court on Monday held that writ courts exercising jurisdiction under Article 226 of the Constitution cannot sit in the armchair of financial experts and decide matters of business prudence. A Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri added that interference in financial and banking matters would only be called for if the …

Writ Jurisdiction Can Be Invoked For Commercial Transactions Between Private Person & Public Body Involving Element Of Public Law: Calcutta HC
2 years, 3 months ago

Writ Jurisdiction Can Be Invoked For Commercial Transactions Between Private Person & Public Body Involving Element Of Public Law: Calcutta HC

Live Law  

The Calcutta High Court has held that writ jurisdiction of High Courts under Article 226 of the Constitution is invocable even for cases involving ordinary commercial transactions between private persons and public bodies as long as some element of public law is involved in the said commercial transactions. The dispute involved in the instant writ petition arose out of loans …

Article 227 Not Mercy Jurisdiction, Litigants Casually Prosecuting Proceedings Before Lower Courts Can't Expect Sanctuary From High Court: Delhi HC
2 years, 6 months ago

Article 227 Not Mercy Jurisdiction, Litigants Casually Prosecuting Proceedings Before Lower Courts Can't Expect Sanctuary From High Court: Delhi HC

Live Law  

Litigants cannot be casual about prosecuting the proceedings before the Court below and expect sanctuary from the High Court under Article 227, the Delhi High Court has observed. Justice C Hari Shankar added that the jurisdiction vested in High Court by Article 227 is not expected to be used as an avenue for a party "to tide over the negligence …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 7 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 …

Jurisdiction Of Court While Issuing Writ Of 'Quo Warranto' Limited To Cases Where Person Holding Public Office Is Ineligible: Delhi High Court
2 years, 7 months ago

Jurisdiction Of Court While Issuing Writ Of 'Quo Warranto' Limited To Cases Where Person Holding Public Office Is Ineligible: Delhi High Court

Live Law  

The Delhi High Court has held that the jurisdiction of the Court while issuing a writ of quo warranto is limited to cases where the person holding public office did not meet with the eligibility criteria or when the appointment was contrary to the statutory rules. The division bench of Chief Justice Satish Chandra Sharma and Justice Subramoniam Prasad also …

High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC
2 years, 8 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," …

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot
2 years, 9 months ago

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot

Live Law  

The Hon'ble Supreme Court of India has in its recent judgement in the case of Ibra tFaizan Versus Omaxe Buildhome Private Limited held that the National Consumer Disputes Redressal Commission at New Delhi is a Tribunal within the meaning of Article 227 of the Constitution of India. However, the Hon'ble Supreme Court has now clarified in the Ibrat Faizan judgement …

Person Invoking Article 226 Jurisdiction Must Come With Clean Hands, Must Disclose Complete & Correct Facts: Delhi High Court
2 years, 9 months ago

Person Invoking Article 226 Jurisdiction Must Come With Clean Hands, Must Disclose Complete & Correct Facts: Delhi High Court

Live Law  

The Delhi High Court has observed that a person approaching the High Court under Article 226 of the Constitution must come with a pair of clean hands, adding that there must be disclosure of full, complete and correct facts.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla also observed that a petitioner should not suppress …

Writ Court Cannot Impose Penalty Not Contemplated In Statute In Exercise Of Plenary Jurisdiction: Calcutta High Court
2 years, 10 months ago

Writ Court Cannot Impose Penalty Not Contemplated In Statute In Exercise Of Plenary Jurisdiction: Calcutta High Court

Live Law  

The Calcutta High Court on Wednesday has observed that a writ Court in exercise of its powers under Article 226 of the Constitution cannot impose a penalty which is not contemplated in the concerned statutory rules in exercise of its so called plenary jurisdiction. A Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta observed, ".the writ court discharges his …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

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The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Writ Petitions On The Ground Of 'Exceptional Circumstances' Against Order Passed By The Arbitral Tribunal Not Maintainable: Bombay High Court
2 years, 11 months ago

Writ Petitions On The Ground Of 'Exceptional Circumstances' Against Order Passed By The Arbitral Tribunal Not Maintainable: Bombay High Court

Live Law  

The Bombay High Court has ruled that remedy against orders passed under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners, aggrieved by the orders passed under Section 16, cannot file Writ Petitions under Article 226 or Article 227 of the Constitution of India on the ground of 'exceptional circumstances'. The Counsel for the petitioner …

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court
2 years, 11 months ago

Party Claiming Private Right In Civil Suit Entitled To File Writ Petition Requiring Municipal Corporation To Discharge Its Duty: Delhi High Court

Live Law  

The Delhi High Court has adjudicated an issue as to whether a petitioner who has filed a civil suit claiming certain private rights is disentitled to file a writ petition seeking a direction to the Municipal Corporation to carry out its duty. Justice Sanjeev Sachdeva has observed that the power exercised by a High Court under Article 226 of the …

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court
2 years, 11 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
3 years 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
3 years 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
3 years 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
3 years 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 …

Article 226 - Writ Of Mandamus Virtually Granting Specific Performance Of Contract/Work Order Cannot Be Issued: Supreme Court
3 years ago

Article 226 - Writ Of Mandamus Virtually Granting Specific Performance Of Contract/Work Order Cannot Be Issued: Supreme Court

Live Law  

The Supreme Court observed that a writ of mandamus cannot be issued virtually granting specific performance of the contract/work order petition.In this case, challenging the cancellation of work order awarded by the Municipal Corporation Gondia, Divi Works & Suppliers approached the Bombay High Court. The Supreme Court observed that a writ of mandamus cannot be issued virtually granting specific performance …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court
3 years, 1 month ago

Accused Can't Use His Power Of Attorney Holder To File Petition U/S 482 To Quash Criminal Proceedings: Delhi High Court

Live Law  

The Delhi High Court has held that the accused cannot recourse to a third party, such as a Power of Attorney holder, to represent him in criminal proceedings. Accordingly, the Court dismissed a petition under Article 227, Constitution of India read with Section 482, Code of Criminal Procedure 1973, seeking quashing of proceedings through the Petitioner's Representative holding his Special …

Difference Between Article 226 & Article 227 Of Constitution: Gujarat High Court Explains
3 years, 1 month 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 …

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

Tribunal Decisions Can Be Scrutinized Only By A Jurisdictional High Court : Supreme Court
3 years, 2 months ago

Tribunal Decisions Can Be Scrutinized Only By A Jurisdictional High Court : Supreme Court

Live Law  

The Supreme Court has held that any decision of a tribunal can only be scrutinized by a High Court which has territorial jurisdiction over the tribunal in question. Ravikumar was considering an appeal filed by the Union Government challenging a Calcutta High Court decision which had set aside an order passed by the Principal Bench of Central Administrative Tribunal located …

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC
3 years, 6 months ago

Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC

Live Law  

The Karnataka High Court recently observed that writ petition filed under Article 226 of the Constitution of India by a Gram Panchayat in furtherance of its objective of protection of a public property is maintainable. Further, it was said, "The present writ petition filed by the Gram Panchayat is in furtherance of its objective of protection of a public property, …

Writ Petition Can Be Entertained Only In Exceptional Circumstances When Alternate Remedy Is Available: Supreme Court
3 years, 6 months ago

Writ Petition Can Be Entertained Only In Exceptional Circumstances When Alternate Remedy Is Available: Supreme Court

Live Law  

The Supreme Court observed that, when an alternate remedy is available, a writ petition under Article 226 of the Constitution can be entertained by a High Court only in following exceptional circumstances: a breach of fundamental rights; a violation of the principles of natural justice; an excess of jurisdiction; or a challenge to the vires of the statute or. The …

Can Enforcement Directorate Maintain Writ Petition Against State Govt? Kerala High Court Reserves Order
3 years, 8 months ago

Can Enforcement Directorate Maintain Writ Petition Against State Govt? Kerala High Court Reserves Order

Live Law  

The Kerala High Court on Tuesday reserved order on the preliminary objections raised by State of Kerala against the maintainability of a writ petition filed by Enforcement Directorate.The Enforcement Directorate had approached the High Court under Article 226 of the Constitution of India challenging the State Government's notification which constituted a judicial commission to inquire into. The Kerala High Court …

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court
3 years, 9 months ago

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court

Live Law  

The Kerala High Court on Friday iterated the legal proposition that High Courts as Courts of Record could review their own orders. Affirming the stance of the Single Judge, the Court said, "Discussion of facts made above would make it clear that while rendering the impugned judgment, learned single Judge was under the impression that the entire facts and circumstances …

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