3 October 2022

Search Results for Tag : 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



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


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


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


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


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 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


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


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


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


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


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


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