Alternative Remedy And Supervisory Jurisdiction Of High Courts Under Article 227 Of Constitution
5 years, 2 months ago

Alternative Remedy And Supervisory Jurisdiction Of High Courts Under Article 227 Of Constitution

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Recently, a two judge bench of the Supreme Court delivered a significant judgment in which it observed that the availability of an appellate remedy in terms of the provisions of Code of Civil Procedure can be construed as a 'near total bar' for the exercise of supervisory jurisdiction under Article 227 of the Constitution of India by High Courts.The principle that the power of. Recently, a two judge bench of the Supreme Court delivered a significant judgment in which it observed that the availability of an appellate remedy in terms of the provisions of Code of Civil Procedure can be construed as a 'near total bar' for the exercise of supervisory jurisdiction under Article 227 of the Constitution of India by High Courts. The principle that the power of superintendence conferred by Article 227 is, to be exercised most sparingly and only in appropriate cases in order to keep the subordinate Courts within the bounds of their authority and not for correcting mere errors was settled by the five judges bench of the Supreme Court in Waryam Singh vs. Amarnath.. Perhaps, this is for the first time, that the Supreme Court has gone to the extent of using the phrase 'near total bar'. As one of its conclusion, the Court in Surya Deva Rai also had held: Supervisory jurisdiction under Article 227 of the Constitution is exercised for keeping the subordinate courts within the bounds of their jurisdiction.

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History of this topic

High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court
2 days, 6 hours ago

High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court

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The Supreme Court reiterated that the High Court cannot reappreciate the evidence unless the appropriate Court has exceeded its jurisdiction or acted perversely. “It is a well-established principle that the High Court, while exercising its jurisdiction under Article 226 of the Constitution of India, cannot reappreciate the evidence and arrive at a finding of facts unless the authorities below had …

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
6 days, 12 hours ago

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

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The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 weeks, 6 days 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 …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
4 weeks, 1 day 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 …

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

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

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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 …

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
4 months, 1 week ago

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

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The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a person cannot approach the High Court under Article 227 when there is …

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court
4 months, 2 weeks ago

Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court

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Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized that such powers should not be wielded mechanically. Court's Observations: Reiterating that the supervisory jurisdiction under Article 227 is not to be used as a substitute for an appeal but rather as a corrective measure to …

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
8 months, 4 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 …

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
9 months, 1 week 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

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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 …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
10 months, 3 weeks ago

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

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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
10 months, 3 weeks 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 …

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court
1 year, 2 months ago

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court

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A Division Bench of the Supreme Court, in its judgment dated October 13, 2023, opined that one of compelling reasons for relegating the writ petitioner to an alternative remedy may arise where there is a serious dispute between the parties on a question of fact and materials/evidence available on record are insufficient/inconclusive to enable the Court to come to a …

Article 227 Can't Be Invoked To Interfere With Lower Court Proceedings Merely On Parties' Requests For Out-Of-Turn Hearings: Kerala High Court
1 year, 4 months ago

Article 227 Can't Be Invoked To Interfere With Lower Court Proceedings Merely On Parties' Requests For Out-Of-Turn Hearings: Kerala High Court

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The Kerala High Court has held that although it possesses the authority to ensure that lower courts and tribunals adhere to their prescribed jurisdiction and functions in accordance with the law, this power granted under Article 227 of the Constitution does not grant the High Court the right to intervene in the proceedings of other courts or tribunals merely based …

Formation Of ICC By Govt Dept Cannot Be Challenged Under Article 226 Of Constitution : Madras High Court
2 years, 3 months ago

Formation Of ICC By Govt Dept Cannot Be Challenged Under Article 226 Of Constitution : Madras High Court

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While dismissing a challenge against the formation of an Internal Complaints Committee, the Madras High Court observed that the formation of the Internal Complaints Committee was under the Central Civil Services Rules, 1965. The challenge would therefore fall within the scope of the Administrative Tribunals Act 1985 and could not be dealt with by the High Court under Article 226 …

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, 4 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 …

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court
2 years, 4 months ago

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court

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The Kerala High Court recently held that an Original Petition filed under Article 227 of the Constitution is not the remedy in relation to an order which is revisable under Section 115 of the Civil Procedure Code. The Court in this case considered three questions to be of seminal importance: firstly, which orders are revisable under Section 115 of CPC; …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 5 months ago

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

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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 …

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

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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," …

Cannot Invoke Article 226 If An Effective And Statutory Remedy Exists Before NCLAT: Madras High Court
2 years, 6 months ago

Cannot Invoke Article 226 If An Effective And Statutory Remedy Exists Before NCLAT: Madras High Court

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The High Court of Madras Bench comprising of Justice T. Raja and Justice K. Kumaresh Babu, while adjudicating a writ petition filed in Sunku Vasundhara v State Bank of India, has held that when an effective and statutory remedy lies before the Appellate Authority i.e. National Company Law Appellate Tribunal, aggrieved parties cannot invoke Article 226 of the Constitution of …

Party Can't Exhaust Alternate Remedy In SC Before Approaching HC U/Art. 227; There Can Be No Appeal From 'Caesar' To 'Mark Antony': Delhi HC
2 years, 8 months ago

Party Can't Exhaust Alternate Remedy In SC Before Approaching HC U/Art. 227; There Can Be No Appeal From 'Caesar' To 'Mark Antony': Delhi HC

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The Delhi High Court has observed that a party cannot be directed to exhaust the alternate remedy available before the Supreme Court before approaching the High Courts under Article 226/227 of the Constitution.Referring to Shakespeare's Julius Caesar, Justice C Hari Shankar said:"There can be no appeal from Caesar to Mark Antony. The Delhi High Court has observed that a party …

Labour Court Amenable To High Court's Supervisory Jurisdiction Under Article 227, Not Writ Jurisdiction Under Article 226: Andhra Pradesh High Court
2 years, 9 months ago

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

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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

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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, 10 months ago

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

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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 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
2 years, 10 months ago

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. The Supreme Court observed that a High Court, while exercising …

Statutory Remedy Against Appointment Of Arbitrator Lies Under Arbitration Act, Can't Invoke Extraordinary Jurisdiction Under Art. 226: Gujarat HC
2 years, 11 months ago

Statutory Remedy Against Appointment Of Arbitrator Lies Under Arbitration Act, Can't Invoke Extraordinary Jurisdiction Under Art. 226: Gujarat HC

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If an Act prescribes a mechanism to address certain grievances and the petitioner is ignorant of such statutory mechanism or chooses not to avail them and straightaway invokes High Court's extraordinary jurisdiction under A.226 of the Constitution, then exercising such jurisdiction for the same is not in the fitness of things, Gujarat high Court has held. In a writ petition …

Difference Between Article 226 & Article 227 Of Constitution: Gujarat High Court Explains
2 years, 11 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 …

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

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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 …

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

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

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

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

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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 …

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 4 months ago

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending

Live Law  

Noting that where the proceedings are pending before it and instead of pursuing them to the logical conclusion, the party chose to institute a fresh writ petition before the Punjab and Haryana High Court, which the High Court has entertained, the Supreme Court expressed concerns of judicial propriety and discipline. "Despite the fact that this court is seized of the …

High Court Under Article 226 And 227 Should Be Extremely Circumspect In Interfering With Orders Passed Under Arbitration Act: Supreme Court
3 years, 9 months ago

High Court Under Article 226 And 227 Should Be Extremely Circumspect In Interfering With Orders Passed Under Arbitration Act: Supreme Court

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The Supreme Court reiterated that a High Court while exercising jurisdiction under Article 226 and 227 should be extremely circumspect in interfering with orders passed under the Arbitration and Conciliation Act.Such interference can be made only in cases of exceptional rarity or cases which are stated to be patently lacking in inherent jurisdiction, the bench comprising Justices RF Nariman. The …

Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court
3 years, 9 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
3 years, 10 months 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 …

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court
3 years, 11 months ago

Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court

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Supreme Court on Monday observed that the approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India. A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the observation while hearing an appeal filed against order of the Madhya Pradesh High Court under …

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]
4 years, 3 months ago

[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]

Live Law  

The Supreme Court has held that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. The petitioner assailed this order passed by the High Court by filing a writ petition under Article 226 with a …

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 …

HC Cannot Convert Itself Into Court Of Appeal While Considering Petitions Under Article 227: SC [Read Judgment]
4 years, 6 months ago

HC Cannot Convert Itself Into Court Of Appeal While Considering Petitions Under Article 227: SC [Read Judgment]

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The Supreme Court reiterated that while hearing a petition under Article 227 of the Constitution of India, a High Court cannot convert itself into a court of appeal. The High Court, allowing a petition under Article 227 of the Constitution filed by the Landlord, set aside the order of District Judge on the ground that the District Judge had committed …

No Blanket Ban On Exercise Of Writ Jurisdiction By High Court Even When Alternative Remedies Are Available: SC [Read Judgment]
5 years ago

No Blanket Ban On Exercise Of Writ Jurisdiction By High Court Even When Alternative Remedies Are Available: SC [Read Judgment]

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The rule of alternative remedy is a rule of discretion and not a rule of jurisdiction, the Supreme Court said while reiterating that there cannot be a blanket ban on the exercise of writ jurisdiction by High Courts even when alternative remedies are available. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose was dealing with a civil appeal …

When Can Statutory Alternative Remedy Be Allowed To Be Bypassed For Invoking Writ Jurisdiction Under Article 226? SC Explains
5 years, 1 month ago

When Can Statutory Alternative Remedy Be Allowed To Be Bypassed For Invoking Writ Jurisdiction Under Article 226? SC Explains

Live Law  

The Supreme Court has observed that distinction between the lack of jurisdiction and the wrongful exercise of the available jurisdiction, by an administrative authority/tribunal or a court of law should be taken into account by High Courts, when its writ jurisdiction under Article 226 of the Constitution of India is sought to be invoked bypassing a statutory alternative remedy provided …

Article 227- Availability Of Appellate Remedy Under CPC Can Be 'Near Total Bar' For Exercising Supervisory Jurisdiction: SC [Read Judgment]
5 years, 3 months ago

Article 227- Availability Of Appellate Remedy Under CPC Can Be 'Near Total Bar' For Exercising Supervisory Jurisdiction: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the availability of an appellate remedy in terms of the provisions of Code of Civil Procedure can be construed as a 'near total bar' for the exercise of supervisory jurisdiction under Article 227 of the Constitution of India. In Virudhunagar Hindu Nadargal Dharma Paribalana Sabai vs. Tuticorin Educational Society, the bench comprising of Justice …

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]
5 years, 4 months ago

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]

Live Law  

Can the Supreme Court interfere under Article 136 of the Constitution to quash the order of the High Court, merely on the ground of existence of an alternative remedy? A two judge bench comprising of Justice R. Banumathi and Justice Indira Banerjee recently delivered a split judgment on the issue.Disagreeing with Justice Banumathi's order setting aside a judgment of the …

Section 482 Cr.P.C :Recent Supreme Court Judgments
5 years, 6 months ago

Section 482 Cr.P.C :Recent Supreme Court Judgments

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Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. Petition For Quashing FIR Can Be Entertained …

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]
5 years, 7 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 …

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-1]
5 years, 7 months ago

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-1]

Live Law  

V/s DISTRICTCOLLECTOR CHITTOOR DIST. Even assuming that there had been any error in the computation of marks in respect of fixed and movable assets, the High Court could, at best, have remitted the case of respondent Prakash Chandra Chaudhary to the concerned authorities for reconsideration…" In exercise of discretionary power of judicial review under Article 226 of the Constitution of …

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