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 erroneous they may be, unless there was something grossly wrong or unjust in the impugned order shocking the court's conscience or the conclusions were so perverse that it becomes absolutely necessary in the interest of justice for the court to interfere," Justice Asha Menon observed. Observing that the powers under Article 227 will be used sparingly, the Court relied on relevant judgments passed by the Apex Court and reiterated that the supervisory jurisdiction conferred to the High Courts under Article 227 of the Constitution of India is limited to overseeing that an inferior court or tribunal functions within the limits of its authority and is not meant to correct an error, even if apparent on the face of the record. Even in the judgment relied upon by the learned senior counsel for the respondent/plaintiff, mentioned above, the Division Bench of this court has again cautioned that Article 227 of the Constitution of India be used sparingly in such suits which under the CPC are revisable and which remedy has been taken away by the Commercial Courts Act, 2015, in order to preserve the legislative intent and give effect to the purpose behind the Commercial Courts Act, of expeditious disposal of commercial suits," it added.

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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
1 week, 3 days ago

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

Live Law  

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
1 week, 5 days ago

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

Live Law  

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 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 …

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
3 months, 3 weeks ago

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

Live Law  

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
3 months, 4 weeks ago

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

Live Law  

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 …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
4 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

Arbitration Weekly Roundup: July 08 - July 14, 2024
5 months, 1 week ago

Arbitration Weekly Roundup: July 08 - July 14, 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court
6 months, 2 weeks ago

Where No Seat Is Specified In Arbitration Agreement, Jurisdiction Of Court Shall Be Determined In Accordance With Section 16 To 20 Of CPC: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that where no seat of arbitration is specified in the arbitration agreement, the jurisdiction of the court shall be determined in accordance with Section 16 to Section 20 of C.P.C. However, if the parties do not specify any seat/place of Arbitration, them the jurisdiction of the Court shall be …

Delhi HC fines petitioner who sought info on SC Collegium’s criteria for appointments
6 months, 3 weeks ago

Delhi HC fines petitioner who sought info on SC Collegium’s criteria for appointments

The Hindu  

The Delhi High Court has dismissed a petition seeking a direction to the Supreme Court Collegium to provide detailed reasons while refusing to accept recommendations for appointment of High Court judges. Petitioner Rakesh Kumar Gupta also sought directions to the top court collegium to reveal the “qualification” needed for appointment as a High Court judge, and publish monthly data related …

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
6 months, 4 weeks ago

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. Consequently, the Petitioner …

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
8 months, 3 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
8 months, 3 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 …

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court
8 months, 3 weeks ago

Orders Passed By Tribunals Under Senior Citizens Act Also Amenable To Challenge Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has observed that the orders passed by the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are also separately amenable to challenge under Article 227 of the Constitution of India.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora relied upon various judgments on the issue and …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 1 week ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Arbitration Weekly Round Up: 26th February to 3rd March 2024
9 months, 2 weeks ago

Arbitration Weekly Round Up: 26th February to 3rd March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, …

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition
9 months, 3 weeks ago

Party Fails To Challenge Arbitral Award U/s 34 A&C Cannot Approach High Court Under Article 226: Delhi High Court Dismisses Writ Petition

Live Law  

The Delhi High Court single bench of Justice Subramonium Prasad held that Article 226 of the Constitution of India is an extraordinary remedy and cannot be invoked where a party has failed to invoke other remedies available to it under law. It held that if a party fails to challenge the arbitration award under Section 34 of the Arbitration and …

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court
9 months, 3 weeks ago

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. The Petitioner sought the Arbitral Tribunal's approval to approach court for seeking the …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
10 months, 1 week 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 …

'Can't Entertain Every Dispute Between Delhi Govt & LG' : Supreme Court Asks DCPCR To Approach Delhi HC
1 year ago

'Can't Entertain Every Dispute Between Delhi Govt & LG' : Supreme Court Asks DCPCR To Approach Delhi HC

Live Law  

The Supreme Court today remarked that not every issue between the Delhi Government and the Lieutenant Governor could be covered under an Article 32 petition before the Supreme Court. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a petition filed by the Delhi Commission of Protection of Child Rights over the alleged. Just …

Court Cannot Admit An Application To Modify The Final Order Passed Under Section 34 Of The A&C Act: Delhi High Court
1 year ago

Court Cannot Admit An Application To Modify The Final Order Passed Under Section 34 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held that once a petition under Section 34 of the A&C Act has been disposed of by a final order, the Court cannot admit an application seeking to modify such an order. The bench of Justices Yashwant Varma and Ravinder Dudeja set aside an order of the Court wherein the Court had, upon the …

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

Live Law  

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 …

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts
1 year, 5 months ago

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts

Live Law  

The Supreme Court recently refused to interfere with the selection process to judicial services conducted by the Gauhati High Court, Gujarat High Court and Patna High Court in a batch of matters being heard by the Top Court in a reference made to the Constitution Bench in Tej Prakash Pathak and others v. Rajasthan High Court and others 4 SCC …

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 …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 7 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 8 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

High Courts Can Entertain Challenges To Orders Passed By Armed Forces Tribunal : Supreme Court Overrules Its Judgment
1 year, 9 months ago

High Courts Can Entertain Challenges To Orders Passed By Armed Forces Tribunal : Supreme Court Overrules Its Judgment

Live Law  

The Supreme Court, on Tuesday, overruled its decision in Union of India And Ors. Answering the question, "whether the right of appeal under Section 30 of the Armed Forces Tribunal Act, 2007 against an order of Armed Forces Tribunal with the leave of the Tribunal under Section 31 of the Act or leave granted by the Supreme Court, or bar …

Order Passed Under Section 11 Of The Arbitration And Conciliation Act Cannot Be Reviewed: Calcutta High Court
1 year, 9 months ago

Order Passed Under Section 11 Of The Arbitration And Conciliation Act Cannot Be Reviewed: Calcutta High Court

Live Law  

The High Court of Calcutta that the A&C Act is a complete code in itself and it does not contain any provision for the review of an order passed under Section 11 of the Act. The Bench of Justice Shekhar B. Saraf held that power of review is a creature of statute and unlike the Supreme Court which has inherent …

High Court Cannot Review The Order Passed Under Section 11 Of The A&C Act: Delhi High Court
2 years ago

High Court Cannot Review The Order Passed Under Section 11 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held that the High Courts cannot review an order passed under Section 11 of the A&C Act as the Act does not contain any provision for review. The Court held that unlike the Supreme Court which by virtue of Article 137 enjoys the inherent power of review, there is no such power conferred on …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

City Bursting At The Seams, Unauthorised Constructions Can't Be Allowed To Stand In Perpetuity: Delhi High Court
2 years, 1 month ago

City Bursting At The Seams, Unauthorised Constructions Can't Be Allowed To Stand In Perpetuity: Delhi High Court

Live Law  

The Delhi High Court has said that unauthorized constructions are a bane to "orderly development" of the city, which is bursting at its seams, and they cannot be allowed to continue to stand in perpetuity. Justice C Hari Shankar made the observation while dismissing a Delhi resident Sher Mohammad's plea challenging an order passed by Principal District & Sessions Judge …

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 …

Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court
2 years, 3 months ago

Interlocutory Order Passed By The Arbitrator, Rejecting Application For Amendment Of Claims; Not Challengeable Under Article 227: Delhi High Court

Live Law  

The Delhi High Court has reiterated that all interlocutory orders passed by the Arbitral Tribunal are not amenable to challenge under Articles 226 and 227 of the Constitution of India. The High Court observed that in SBP & Co., the Apex Court had held that since the orders and awards passed by the Arbitral Tribunal were statutorily amenable to challenge …

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 …

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

Live Law  

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; …

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 …

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," …

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court
2 years, 5 months ago

High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235 : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that control over the District Judiciary vested in the High Court in Article 235 of the Constitution of India is complete and absolute and provided only to ensure the independence of the judiciary and to achieve effective separation of powers. A Division Bench of Chief Justice Pankaj Mithal and Justice …

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot
2 years, 6 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, 6 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 …

High Court Can't Terminate Services Of District Judge Or Impose Any Punishment Of Reduction In Rank Under Article 235: Chhattisgarh HC
2 years, 7 months ago

High Court Can't Terminate Services Of District Judge Or Impose Any Punishment Of Reduction In Rank Under Article 235: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has recently held that under Article 235 of the Constitution of India, which provides control to the High Courts over subordinate courts, the former cannot terminate the services of a District Judge or impose any punishment of reduction in rank.This power belongs to the Governor being the appointing authority under Article 311 of the Constitution. It …

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, 7 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

Live Law  

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 …

Petition Under Article 227, Against The Interim Orders Of Arbitral Tribunal, Based On Violation Of Legal Provisions Can't Be Allowed: Delhi High Court
2 years, 8 months ago

Petition Under Article 227, Against The Interim Orders Of Arbitral Tribunal, Based On Violation Of Legal Provisions Can't Be Allowed: Delhi High Court

Live Law  

The Delhi High Court has ruled that a petition under Article 227 of the Constitution cannot be allowed against an order passed by the Arbitral Tribunal rejecting a plea raised under Section 16 of the Arbitration and Conciliation Act, 1996 that the Tribunal had exceeded its jurisdiction, on the ground that the Tribunal had violated the applicable legal provisions. 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, 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 …

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 …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
2 years, 10 months 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 …

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