Article 226 Archives

If a High Court converts itself into Executing Court it will be flooded with writ petitions to execute arbitral awards: SC

Supreme Court: While adjudicating an appeal relating to arbitration, the Division Bench of M. R. Shah* and B.V. Nagarathna, JJ., held that

Case Briefs

We have our own doubt whether High Court can permit one of the bidder to modify its offer under Article 226: SC

“High Court has used the word writ petition is disposed of. Once the writ of mandamus was issued, instead of disposing of the writ petition, the High Court ought to have allowed the writ petition.”

Case Briefs Supreme Court

Creation and/or sanction of the posts is the sole prerogative of Government; Courts cannot interfere: Supreme Court

Framing of any scheme is no function of the Court and is the sole prerogative of the Government.

Case Briefs High Courts

Ori HC | Where disputed questions of facts are involved, a petition under Art. 226 of Constitution is not a proper remedy; Leading of evidence and examination and cross-examination of witnesses required

Orissa High Court: A Division Bench of S. Muralidhar CJ. and B. P Routray J. dismissed the petition being devoid of merits.

Case Briefs Supreme Court

Explained: What happens to a petition filed under wrong nomenclature?

Supreme Court: The 3-judge bench of Ashok Bhushan, SA Nazeer and Hemant Gupta*, JJ has reiterated that the nomenclature under which the

Case Briefs Supreme Court

Does the presence of arbitration clause in a contract with State oust the jurisdiction under Article 226? Supreme Court answers

“The State and its instrumentalities are not exempt from the duty to act fairly merely because in their business dealings they have entered into the realm of contract.”

Case Briefs High Courts

Cal HC | Adjudicate or Legislate? What is the role of Courts in our country? HC frames a precedential examination while discussing scope of ‘Judicial Inquiry’

Calcutta High Court: Shekhar B. Saraf, J., in the instant matter after a precedential examination with regard to judicial inquiry, laid down

Case Briefs High Courts

J&K HC | What is the extent of interference that the Court can exercise under Art. 226 while adjudicating a contractual matter? HC answers

Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition, discussed the scope of interference under Article 226 in

OP. ED.SCC Journal Section Archives

Is Constitutional Right Subject to Trimmings by Supreme Court?

by Thomas Paul*

Case Briefs High Courts

P&H HC | Court declines to entertain writ petition, directs petitioner to seek alternate remedy available under the Agreement

Punjab and Haryana High Court: The Division Bench of Dr S. Muralidhar and Avneesh Jhingan, JJ., dismissed the instant petition upon discovery

Case Briefs High Courts

Ker HC | Invocation of writ petition under Art. 226 not warranted in determining the custody of child

Kerela High Court: The Division Bench of K. Harilal and P. Somarajan, JJ. dismissed a writ petition regarding the determining interim custody of

Case Briefs High Courts

Guj HC | High Court exercises power under Article 226 to pass order under Gujarat Prohibition Act

Gujarat High Court: The Bench of Sonia Gokani, J. passed an order of release of the vehicle after levying certain stringent rules

Case Briefs High Courts

MP HC | A ‘permanent employee’ has right to receive only minimum of the graded pay-scale with no increments unless regularised

Madhya Pradesh High Court: Petitioner had approached the Court before a bench of Sheel Nagu, J. under Article 226 of the Constitution

Case Briefs High Courts

Manipur HC | Remedy under Article 226 not allowed where matter involves disputed question of facts

Manipur High Court: The Bench of Ramalingam Sudhakar, J. dismissed a writ petition holding that proper remedy for the petitioners to seek intervention

Case Briefs High Courts

Relief sought against a Registered Society| A matter of civil dispute cannot be adjudicated by way of Article 226

Uttaranchal High Court: A Single Judge Bench comprising of Manoj K. Tiwari, J. dismissed a writ petition on account of it being

Case Briefs High Courts

Power of the State to lay down criteria for determination of linguistic minority, not arbitrary: Karnataka HC

Karnataka High Court: A Division Bench comprising of H.G.Ramesh and Mohammad Nawaz JJ., decided on a Writ Petition filed under Article 226

Case Briefs High Courts

Exercise of establishing facts before the civil courts cannot be bypassed by invoking writ jurisdiction under Article 226 of the Constitution

Karnataka High Court: While passing the order in a writ petition filed under Article 226 and 227 of the Constitution, a Single

Case Briefs High Courts

SCC Times

Article 226

If a High Court converts itself into Executing Court it will be flooded with writ petitions to execute arbitral awards: SC

We have our own doubt whether High Court can permit one of the bidder to modify its offer under Article 226: SC

Creation and/or sanction of the posts is the sole prerogative of Government; Courts cannot interfere: Supreme Court

Ori HC | Where disputed questions of facts are involved, a petition under Art. 226 of Constitution is not a proper remedy; Leading of evidence and examination and cross-examination of witnesses required

Explained: What happens to a petition filed under wrong nomenclature?

Does the presence of arbitration clause in a contract with State oust the jurisdiction under Article 226? Supreme Court answers

Cal HC | Adjudicate or Legislate? What is the role of Courts in our country? HC frames a precedential examination while discussing scope of ‘Judicial Inquiry’

J&K HC | What is the extent of interference that the Court can exercise under Art. 226 while adjudicating a contractual matter? HC answers

Is Constitutional Right Subject to Trimmings by Supreme Court?

P&H HC | Court declines to entertain writ petition, directs petitioner to seek alternate remedy available under the Agreement

Ker HC | Invocation of writ petition under Art. 226 not warranted in determining the custody of child

Guj HC | High Court exercises power under Article 226 to pass order under Gujarat Prohibition Act

MP HC | A ‘permanent employee’ has right to receive only minimum of the graded pay-scale with no increments unless regularised

Manipur HC | Remedy under Article 226 not allowed where matter involves disputed question of facts

Relief sought against a Registered Society| A matter of civil dispute cannot be adjudicated by way of Article 226

Power of the State to lay down criteria for determination of linguistic minority, not arbitrary: Karnataka HC

Exercise of establishing facts before the civil courts cannot be bypassed by invoking writ jurisdiction under Article 226 of the Constitution

No regularisation can be claimed if service-span is less than three years

Websites can’t be restrained from publishing non-reportable judgments

Writ Petition under Article 226 not maintainable if lower forums or authorities have not been approached first