Can High Court Direct State Instrumentality To Award Contract In Favour Of Bidder Under Article 226? Supreme Court Discusses
1 year, 2 months ago

Can High Court Direct State Instrumentality To Award Contract In Favour Of Bidder Under Article 226? Supreme Court Discusses

Live Law  

The Supreme Court in a recent decision disapproved of the direction issued by the Rajasthan High Court directing the Jaipur Vidyut Vitran Nigam Ltd to enter into a power purchasing agreement with a party. "In any case, the High Court, by the impugned judgment and order, could not have issued a mandamus to the instrumentalities of the State to enter into a contract, which was totally harmful to the public interest," observed a bench comprising Justices BR Gavai and PS Narasimha. The Supreme Court held that the High Court must exercise its discretionary power under Article 226 with great caution and should exercise it only in furtherance of public interest and not merely on the making out of a legal point. 1 approached the High Court of Rajasthan under Article 226 seeking an appropriate Writ or order or direction in the nature of mandamus directing the Appellants to immediately issue a Letter of Intent in favour of the Respondent No.1, sign the power Purchase Agreement with the Respondent No.

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History of this topic

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 months, 2 weeks ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

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The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
11 months, 2 weeks 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 …

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

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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 …

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

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

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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 …

'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court
3 years, 2 months ago

'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court

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The Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Articles 226 and 227 of the Constitution. Justice Dinesh Mehta, observed, "A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of …

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

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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 …

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court
3 years, 11 months ago

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court

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The Supreme Court observed that a petition styled as one under Article 226 would not bar the High Court to exercise its jurisdiction which otherwise it possesses under a Statute and/or under Article 227 of the Constitution.In this case, the appellant's contention was that the order of the Wakf Tribunal could not be challenged by way of writ petition before …

Presence Of Arbitration Clause In Contract Between State Instrumentality & Private Party Does Not Oust Writ Jurisdiction Under Article 226: Supreme Court
4 years, 1 month ago

Presence Of Arbitration Clause In Contract Between State Instrumentality & Private Party Does Not Oust Writ Jurisdiction Under Article 226: Supreme Court

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The Supreme Court observed that presence of an arbitration clause within a contract between a state instrumentality and a private party is not an absolute bar to availing remedies under Article 226 of the Constitution.The bench comprising Justices DY Chandrachud and MR Shah observed that the State and its instrumentalities are not exempt from the duty to act fairly merely …

High Courts Have Power To Grant Bail By Invoking Article 226 In Suitable Cases: Supreme Court
4 years, 4 months ago

High Courts Have Power To Grant Bail By Invoking Article 226 In Suitable Cases: Supreme Court

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The Supreme Court has observed that a High Court in its jurisdiction under Article 226 of the Constitution of India has the power to grant bail in a suitable case. "In an application under Article 226, the High Court must be circumspect in exercising its powers on the basis of the facts of each case. The court said that the …

Article 226- HC Cannot Relax Terms & Conditions Of A Tender Notice: SC [Read Order]
5 years, 5 months ago

Article 226- HC Cannot Relax Terms & Conditions Of A Tender Notice: SC [Read Order]

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The Supreme Court has observed that, in exercise of power under Article 226 of the Constitution of India, a High Court has no power to relax the terms and conditions of a tender notice. While upholding the Allahabad High Court order that dismissed a challenge against rejection of a candidature of a person who had applied for dealership of Liquified …

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]
5 years, 9 months ago

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]

Live Law  

It was held that: Where the State behaves arbitrarily, even in the realm of contract, the High Court can interfere under Article 226 of the Constitution of India, 1950. " It was held that: In the matter of: Cicily Kallarackal V/s Vehicle Factory, 8 SCC 524, it was observed that: "… learned counsel for the petitioner is right that the …

Writ Petitions In Contract Matters Maintainable When There Is Arbitrariness By The State: SC [Read Order]
6 years ago

Writ Petitions In Contract Matters Maintainable When There Is Arbitrariness By The State: SC [Read Order]

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The Supreme Court, last week, reiterated that even in contract matters, a writ petition under Article 226 of the Constitution of India can be entertained by the High Court, when there is arbitrariness on the part of the state. The bench comprising Justice Rohinton Fali Nariman and Justice Vineet Saran observed thus in an appeal filed against the High court …

Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226: SC [Read Judgment]
6 years, 2 months ago

Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a writ petition under Article 226 of the Constitution of India seeking writ of certiorari against judicial orders passed by civil courts is not maintainable.The bench comprising Justice Ashok Bhushan and Justice Indu Malhotra observed in State of Jharkhand v. Surendra Kumar Srivastava that writ petition under Article 227 challenging the orders passed by. …

Can the Plaint be set aside by the HC under Article 226 & 227? Supreme Court says 'NO'
10 years, 11 months ago

Can the Plaint be set aside by the HC under Article 226 & 227? Supreme Court says 'NO'

Live Law  

The interesting question before the Supreme Court was the competency of the High Court to set aside plaint, in exercise of its power under Articles 226 and 227 of the Constitution of India. The High Court under Articles 226 and 227 of the Constitution of India, had set aside the plaint and. This has been reversed by the Supreme Court, …

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