Article 227 of Constitution of India Archives

Allahabad High Court holds revision order defective for admitting without condoning the delay

The Court, not doubting the bona fides of the District Judge, maintained the legal position of Section 5 stating that revision order was a defective one without condoning the delay. There may be instances where the interest of justice may demand Court’s interference to avoid frustration of proceedings due to technicalities, however, in the present instance nothing restrained the District Judge from deciding Section 5 application.

Case Briefs High Courts

Power under Article 227 of Constitution of India cannot be exercised to upset conclusions, howsoever erroneous they may be, unless there was something grossly wrong or unjust: Del HC

Delhi High Court: Asha Menon, J., while expressing the scope of power under Article 227 of the Constitution of India dismissed the

Case Briefs High Courts

Scope of interference by HC under Art. 227 of Constitution of India: Can an interlocutory order of a Commercial Court be challenged in High Court? Del HC explains

Delhi High Court: Amit Bansal, J., decided under whether the High Court under Article 227 of the Constitution of India can interfere

Case Briefs High Courts

All HC | Can Executing Court’s order for enforcement of arbitral award be challenged under Art. 226? HC decides

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., held that, Section 36 of the 1996 Act makes the arbitral award capable of

Case Briefs High Courts

Proceedings under Domestic Violence Act, whether criminal or civil, will challenge to them be maintainable under Art. 227 of Constitution? Madras HC answers

Madras High Court: G.R. Swaminathan, J., held that irrespective of whether the proceedings under Central Act 43 of 2005 are of civil

Case Briefs High Courts

Madras HC | PCOS v. Impotency? Divorce on ground of no cohabitation. Is it a legitimate expectation of husband? HC explains while discussing concept of marriage and S. 12(1)(a), HMA

Madras High Court: V. Bhavani Subbaroyan, J., while addressing a very significant issue with respect to a divorce being sought, expressed that:

Case Briefs High Courts

Ker HC | It is not proper for a HC to exercise its jurisdiction under Art. 227 of Constitution of India even before a petitioner had approached appropriate court below in that regard

Kerala High Court: R. Narayana Pisharadi J., dismissed the original petition filed under Article 227 of the Constitution where the petitioner prayed

Legislation Updates Rules & Regulations

Del HC issues “Practice Directions” for Civil Miscellaneous (Main) Petitions under Art. 227 of Constitution & Civil Rev. Petition under S. 115 of CPC

Delhi High Court issued the following Practice Directions for information and compliance by all concerned in respect of Civil Miscellaneous (Main) Petitions

Case Briefs High Courts

MP HC | Supervisory jurisdiction under Art. 227 not available to correct mere errors of fact or law

Madhya Pradesh High Court: Vinay Kumar Shukla, J., upheld the decision of the Railway Claims Tribunal by dismissing a petition filed under

Case Briefs High Courts

HP HC | Provision to ‘issue a Commission to make local investigation’ is not a tool to create evidence in favor of parties; order made under Or. 26 R. 9 set aside

Himachal Pradesh High Court: Ajay Mohan Goel, J. entertained a writ petition filed under Article 227 of the Constitution of India, where

Case Briefs High Courts

MP HC | High Court’s power of superintendence under Art. 227 not curtailed by any statute as it is a part of the basic structure

Madhya Pradesh High Court: A miscellaneous petition filed under Article 227 of the Constitution of India was allowed by Sanjay Dwivedi, J.,

Case Briefs High Courts

Kar HC | Unauthorized absence from service for a long period of time not a minor misconduct and is a ground for dismissal

Karnataka High Court: The Division Bench of L. Narayana Swamy, ACJ and P.S. Dinesh Kumar, J., allowed a writ appeal filed against