Article 226 – Where Must the “Action” be Instituted?
by Spenta Havewala Kapadia*
Article 226
Missing persons cases can’t be brought under Habeas Corpus, unless illegal detention is established: MP High Court
“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”
‘Limit of 15% marks in viva voce can be exceeded in judiciary exams’; Punjab and Haryana HC denies relief to judiciary aspirant who failed by 6.75 marks
“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”
‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC
“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”
Bombay HC imposes Rs 1 Lakh cost on Lalit Modi for seeking indemnification from BCCI against ED’s penalty
“In matters of alleged indemnification of the petitioner in the context of penalties imposed upon Lalit Modi by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI.”
Kerala HC rejects appeal for Late CPI(M) leader M.M. Lawrence’s religious burial; Upholds body donation to medical college
“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”
‘Judicial forum not for harassing a person, but to protect rights of parties’; MP High Court quashes JMFC order for FIR registration
“It is expected from a litigant to approach the court with all bonafides and without any ill-motive.”
Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials
“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”
[Maharashtra Legislative Assembly Elections] ‘Courts can interfere only to facilitate election’s progress’; Bombay HC disposes of petition filed by candidate against rejected nomination
The writ court must be careful to ensure that outside narrow scope, no intervention is made that interferes with the progress of the election.
Aadhaar Card not valid proof of age for compensation claims under Mukhyamantri Jan Kalyan (Sambal) Yojna: MP High Court
The Court deemed the Coordinate Bench decision in Narmadi Prasad v. State of M.P., as per incuriam, as it did not consider the Aadhaar Card’s intended use solely as identity-only proof.
‘Employee’s transfer in transferable service is necessary incident of service career’: Delhi HC upholds transfer of a workman from Delhi to Chennai
Regarding the difficulties regarding education of petitioner’s children, the Court stated that the Labour Court has correctly recorded that children of the petitioner being aged 6 and 4 years, no academic damage would have been caused to their career had the petitioner complied with the transfer order.
Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India
‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’
“No fundamental right violated over non-acquisition of land”; MP High Court dismisses plea challenging land exclusion
The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.
Delhi High Court rules WhatsApp Chats Inadmissible Evidence Without Proper Certification; Rejects Dell International Services’ Delay Condonation Appeal
The petitioner presented a screenshot of WhatsApp conversations to show that the full complaint and annexures were not received until 31-01-2023, despite the summons being served on 23-12-2022.
Employees must fulfill requisite qualification for promotion to the post of ‘Assistant Manager’ in State Transport Corporation: Madras HC upholds seniority list
“In terms of Rule 60(d)(i) of the Common Service Rules, when the appointment is to the post in the grade of “Assistant Manager (Legal)”, one must have five years of experience in the feeder category viz., the post of “Senior Superintendent”
Madras HC directs ASI and Archaeological Department to conduct survey of toilet and cafeteria constructed within protected area of 1000 years old Shiva Temple
“Arulmigu Gangaikonda Cholisvarar temple is a protected monument under the Archaeological Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 1958.”
Calcutta High Court: Writ petition under Article 226 not maintainable against Bar Association; To be challenged before competent court of law
Alipore Bar Association being not a state “other authority” or “agency or instrumentality” of the state within Article 12 and “authority or person” discharging public function within the meaning of Article 226, writ against Alipore Bar Association that too in the matter of election to the Bar Association is not maintainable.
‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
‘Petition filed due to misguided over enthusiasm’; Patna HC dismisses plea by a lawyer challenging Sections 2, 9, 12, 18 of the Constitution (101st Amendment) Act, 2016
The public interest asserted cannot be entertained since dealers registered under earlier VAT regime, now shifted to GST regime, by virtue of Constitution (101st Amendment) Act, 2016 cannot be said to be a marginalized section, who are incapable of agitating their rights before the courts of law.
Orders passed by tribunals under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also amenable to challenge under Article 227: Delhi High Court
The orders passed by the tribunals and the judicial acts by administrative bodies or authorities or persons exercising quasi-judicial functions are all amenable to challenge under Article 226 of the Constitution.