22 April 2024

Search Results for Tag : Article 226

Judgments

Writ Courts while exercising jurisdiction under Article 226 of Constitution can interfere in the decisions of the Disciplinary Committee, only if, the same are contrary to law.(20.11.2023)

The present writ petition has been filed under Article 226 of the Constitution of India for challenging the order passed by Paralympic Committee suspe.....

Tags : Writ jurisdiction, writ court, Paralympic Committee, Article 226 of Constitution

Petitioner must show impinging of right, not demand creation anew, to invoke jurisdiction under Article 226(14.07.2015)

In claim that the Petitioner's error in shading the wrong code of the test booklet should have been corrected by the invigilator, the High Court found.....

Tags : Examination, error, existing right, article 226

Court to not entertain petition under Article 226 if bona fides of Petitioner in doubt(11.08.2015)

In a case where the Bhishma Pithamaha challenged tax notices issued against another person, the Court held that the petition under Article 226 of the .....

Tags : Tax, article 226, notice

Rs. 1 lakh imposed as costs for duplicitous proceedings(09.03.2016)

The Supreme Court burdened a Petitioner with costs of Rs. 1,00,000 for abusing the process of the court. The Petitioner had filed a petition before th.....

Tags : abuse of process, article 226

News

Madras HC: Can’t Approach HC U/A 226 if Effective And Statutory Remedy Exists Before NCLAT(30.06.2022)

Madras High Court has held that when an effective and statutory remedy lies before National Company Law Appellate Tribunal (NCLAT), aggrieved parties .....

Tags : Madras High Court, NCLAT, Madras High Court, Article 226

Delhi HC: Person Invoking Article 226 Must Come With Clean Hands, Disclose Correct Facts(25.05.2022)

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, add.....

Tags : Delhi High Court, Article 226, Constitution

Kerala HC: Rule of Alternative Remedy is Rule of Discretion, Not Rule of Jurisdiction(29.04.2022)

Kerala High Court has observed that just because the court may not exercise its discretion under Article 226 of the Constitution since the availabilit.....

Tags : Kerala High Court, Article 226 of the Constitution, jurisdiction

Delhi HC: Writ Remedy Cannot be Invoked in Tax Matters(02.05.2022)

Delhi High Court has held that the writ remedy under Article 226 of the Indian Constitution cannot be invoked in tax matters as the Income Tax Act, 19.....

Tags : Delhi High Court, article 226, Indian Constitution, Income Tax Act, 1961

Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)

Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....

Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances

Gujarat HC: Inclusion/ Exclusion of Name In Voters' List Not An Extraordinary Circumstance(18.05.2022)

Gujarat High Court has reiterated that removing a person's name from the voters' list is not an extraordinary circumstance that requires the High Cour.....

Tags : Gujarat High Court, voters' list, High Court, Article 226

Delhi HC Held That Writ Jurisdiction Cannot be Entertained If there is Alternative Remedy(05.05.2022)

Delhi High Court has declined to quash a re-assessment order on the ground that there was no violation of natural justice and the writ jurisdiction un.....

Tags : Writ Jurisdiction, Alternative Remedy, Article 226

Calcutta HC: Writ Court Cannot Impose Penalty In Exercise of Plenary Jurisdiction(13.05.2022)

Calcutta High Court has ruled that a writ Court in exercise of its powers under Article 226 of the Constitution cannot inflict a penalty which is not .....

Tags : Calcutta High Court, writ Court, Article 226, plenary jurisdiction

SC: Presence of Arbitration Clause Does Not Oust Writ Jurisdiction Under Article 226(18.02.2021)

Supreme Court has observed that presence of an arbitration clause within a contract between a state instrumentality and a private party is not an abso.....

Tags : Supreme Court, Writ Jurisdiction Under Article 226

Article 226 Not to be Used for Deciding Disputes When Other Remedies are Available: SC(04.12.2018)

Supreme Court has observed that Article 226 can’t be used for deciding disputes when other remedies are available and held that a regular suit, and no.....

Tags : Supreme Court, Article 226

Ker HC: Writ Jurisdiction Under Article 226 of Constitution Can’t Be Invoked For Execution of Decree(16.02.2024)

Kerala High Court has held that for execution of a decree, writ jurisdiction under Article 226 of the Constitution of India cannot be invoked when the.....

Tags : Kerala High Court, Writ Jurisdiction, Article 226 of Constitution, Execution of Decree

Del. HC: South Asian University an International Organization, Not Amenable to Writ Jurisdiction(25.01.2024)

Delhi High Court has held that South Asian University is not amenable to the writ jurisdiction under Article 226 of the Constitution of India as it en.....

Tags : Delhi High Court, South Asian University, Writ Jurisdiction, International Organization, Article 226 of Constitution

Ker HC: Court Under Article 226 Can’t Intervene in Issues Related to Conducting Rituals in Church(05.04.2024)

Kerala High Court has held that on issues relating to the conduct of rituals in the Church, the Court cannot intervene while acting under Article 226 .....

Tags : Kerala High Court, Church, Article 226 of COI, Conducting Rituals

SC: Improper to Move HC Under Art. 226/227 for Release of Vehicle When Remedy Available u/s 451 CrPC(10.04.2024)

SC held that when Section 451 of Code of Criminal Procedure, 1973 empowers criminal court to pass order for custody and disposal of property pending i.....

Tags : Supreme Court, Section 451 CrPC, Article 226 COI, Article 227 COI

Supreme Court: Jurisdiction of HC Under Article 226 Explained When Alternate Remedies Available(12.04.2024)

SC has clarified that the High Court will not entertain a petition under Article 226 of the Constitution of India if an effective alternative remedy i.....

Tags : Supreme Court, Article 226 of Constitution, Alternate Remedies

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