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]

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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 India, 1950, the High Court might interfere with administrative matters only if the decision is violative of fundamental or basic principles of justice and fair play or suffers from any patent or flagrant error. 534 OF 2002, HIGH COURT OFALLAHABAD, DATE OF DECISION: 22.01.2016, CORAM: CHIEF JUSTICE DR. D.Y.CHANDRACHUD, JUSTICE DEVENDRA KUMAR UPADHYAYA & JUSTICE RANJAN ROY " Whether a writ petition under Article 226 of the Constitution of India, 1950 can be filed by a power of attorney holder?" If a person under detention files a writ of habeas corpus under Article 226 of the Constitution of India, 1950 before the High Court and the writ petition is dismissed, whether by a detailed order after considering the case on merits or by a non-speaking order, and the said detention is not challenged by preferring a special leave petition under Article 136 of the Constitution of India, 1950, and is allowed to become final, it would still be open to him to file an independent petition under Article 32 of the Constitution of India, 1950 seeking a writ of habeas corpus. V/s Rajendra Shankar Patil, 8 SCC 329 and in this case, Shalini Shyam Shetty & Anr., the scope of interference by the High Court in civil matters/ private disputes under Article 226 of the Constitution of India, 1950 was considered and it was held that the High Court committed an error in entertaining writ petition in a dispute between landlord and tenant, where the respondent was only a private landlord.

India Supreme Court High Court Writ Petition Jurisdiction Writ Jurisdiction Constitution Habeas Corpus Power Judicial Review Writ Preventive Detention State Article Single Its Jurisdiction Coram Division Bench Civil Appeal No Civil Appeal Its Power Illegal Detention Supreme Court Of India 1950 226  constitution  1950  article  high  court  226  jurisdiction  part1  important  writ  india  power  judgments  scope

History of this topic

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 …

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," …

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

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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 - Writ Of Mandamus Virtually Granting Specific Performance Of Contract/Work Order Cannot Be Issued: Supreme Court
2 years, 10 months ago

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

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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 …

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

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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 …

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 …

Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court
3 years, 7 months ago

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

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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 …

Bar Against Hearing Of Election Disputes By Courts U/A 329 Prevails Over High Court's Powers U/A 226 Of Constitution: Andhra Pradesh High Court
3 years, 8 months ago

Bar Against Hearing Of Election Disputes By Courts U/A 329 Prevails Over High Court's Powers U/A 226 Of Constitution: Andhra Pradesh High Court

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In a significant ruling, the Andhra Pradesh High Court has held that the bar against hearing of election disputes by Courts under Article 329 of the Constitution shall prevail over the High Court's powers to issue writs under Article 226 of the Constitution. Refusing to interfere in the election process, the Bench observed, "Bar for entertaining an election dispute under …

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 …

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 …

High Courts Have Power To Grant Bail By Invoking Article 226 In Suitable Cases: Supreme Court
4 years, 1 month 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 …

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 …

High Court In Article 226 Proceedings Does Not Adjudicate Correctness Of Allegations In FIR: SC [Read Judgement]
4 years, 9 months ago

High Court In Article 226 Proceedings Does Not Adjudicate Correctness Of Allegations In FIR: SC [Read Judgement]

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The Supreme Court has observed that, writ jurisdiction of the High Court cannot be invoked to adjudicate the correctness of the allegations in an FIR. The bench of Justice Indira Banerjee and Justice Aniruddha Bose said that the intervention can only be in exceptional cases, if the allegations made in the FIR ex facie do not disclose any offence at …

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

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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 …

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 …

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]

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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 …

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