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Article 226 of Constitution of India

Case BriefsHigh 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

Published on December 6, 2021December 10, 2021By Bhumika Indulia
Leave a comment5173 views
Op EdsOP. ED.

Scope of Interference under Article 226 of the Constitution of India in Contractual Matters – Need for Certainty in Jurisprudence

by Ashwini Chawla† and Aditya Pratap Singh Rathore††

Published on September 15, 2021September 17, 2021By Editor_4
Leave a comment13180 views
Op EdsOP. ED.

Whether Section 148-A CPC applies to writ petitions filed under Article 226 of the Constitution

by Dormaan Jamshid Dalal*

Published on September 13, 2021September 13, 2021By Editor_4
1 Comment13538 views
Case BriefsHigh Courts

Jhar HC | Practice of filing a writ petition Art. 226 of the Constitution of India because a person has a grievance that his FIR has not been registered by the police must be discouraged

Jharkhand High Court: Sanjay Kumar Dwivedi, J. dismissed the petition being devoid of merits. The instant writ petition under Article 226 of

Published on June 28, 2021July 2, 2021By Editor_4
Leave a comment3400 views
Case BriefsHigh Courts

Can writ under Art. 226 of Constitution be enforced if any duty or obligation falling upon a public servant out of a contract entered into by him as such public servant? Orissa HC discusses

Orissa High Court: A Division Bench of S. Muralidhar CJ. and B. P Routray J. dismissed the petition on grounds discussed below.

Published on June 2, 2021June 11, 2021By Editor_4
Leave a comment3448 views
Case BriefsHigh Courts

Utt HC | Construction of roads fall in the executive realm and cannot be brought under judicial review proceeding under Art. 226

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ and Alok Kumar Verma, J., dismissed a petition filed seeking laying of

Published on February 25, 2020February 26, 2020By Bhumika Indulia
Leave a comment1590 views
Case BriefsHigh Courts

Pat HC | Discretionary jurisdiction under Art. 226 of the Constitution can be exercised when no alternative efficacious remedy is available

Patna High Court:  A Division Bench of Dinesh Kumar Singh and Anil Kumar Sinha, JJ. allowed a civil writ application that was

Published on January 28, 2020January 31, 2020By Bhumika Indulia
Leave a comment3861 views
Case BriefsHigh Courts

Ker HC | Art. 226 petition against SARFAESI recovery proceedings entertained; Court gives peremptory orders, cannot be challenged in any Court or Forum

Kerala High Court: C.S. Dias, J. disposed of a writ petition filed under Article 226 of the Constitution of India. The petitioner

Published on January 6, 2020January 8, 2020By Bhumika Indulia
Leave a comment2853 views
Case BriefsHigh Courts

Ker HC | Determining eligibility of students to participate in school event, not a matter where Courts would exercise extraordinary jurisdiction

Kerala High Court: Anu Sivaraman, J. dismissed a writ petition filed by the petitioner to direct the respondents to allow her to

Published on November 15, 2019November 18, 2019By Bhumika Indulia
Leave a comment2406 views
Case BriefsHigh Courts

Jhar HC | Courts cannot show sympathy on mere grounds of handicap while completely ignoring process of allotment of shop in question

Jharkhand High Court: Sujit Narayan Prasad, J. dismissed a writ petition under Article 226 of the Constitution of India whereby the petitioner sought

Published on November 7, 2019November 13, 2019By Bhumika Indulia
Leave a comment1949 views
Case BriefsHigh Courts

Jhar HC | Writ Petition under Art. 226 dismissed on ground of availability of an alternative remedy

Jharkhand High Court: Sujit Narayan Prasad, J, dismissed the writ petition on the ground of availability of alternative remedy. In the pertinent case,

Published on September 11, 2019September 17, 2019By Bhumika Indulia
Leave a comment2567 views
Case BriefsHigh Courts

MP HC | Writ of mandamus cannot be issued for compelling police to perform a statutory duty under S. 154 CrPC without availing all other alternative remedies prescribed in CrPC

Madhya Pradesh High Court: G.S. Ahluwalia, J., dismissed a petition filed under Article 226 Constitution of India to direct the respondents to

Published on September 10, 2019September 20, 2019By Bhumika Indulia
Leave a comment4928 views
Case BriefsHigh Courts

Jhar HC | A writ petition after issuance of notice under S. 13(4) of SARFAESI is not to be entertained; petitioner to approach Debt Recovery Tribunal

Jharkhand High Court: Sujit Narayan Prasad, J., dismissed the writ petition as a writ petition after issuance of notice under Section 13

Published on September 4, 2019September 7, 2019By Bhumika Indulia
Leave a comment1892 views
Case BriefsHigh Courts

J&K HC | Writ under Art. 226 admissible only if there is allegation of violation of a statutory duty on the part of statutory authority

Jammu & Kashmir High Court: Sanjay Kumar Gupta, J. dismissed a writ petition seeking a writ of mandamus against official respondents for

Published on July 18, 2019July 25, 2019By Bhumika Indulia
Leave a comment2920 views
Case BriefsHigh Courts

Raj HC | An employee cannot be transferred in the last year of his service, if the department does not have an obvious cause for the same

Rajasthan High Court: Alok Sharma, J. allowed a civil writ petition filed by a person against his transfer order. As a result

Published on July 15, 2019August 1, 2019By Bhumika Indulia
Leave a comment4672 views
Case BriefsHigh Courts

MP HC | No legal impediment found in issuing the appointment order in favor of petitioner; petition allowed

Madhya Pradesh High Court: Subodh Abhyankar, J. allowed writ petition filed under Article 226 of the Constitution of India against the order

Published on June 25, 2019June 27, 2019By Bhumika Indulia
Leave a comment2743 views
Case BriefsHigh Courts

Jhar HC | Art. 14 does not envisage negative equality; wrong benefits conferred upon someone inadvertently not to be a ground to grant similar relief to others

Jharkhand High Court: The instant writ petition entertained by Sujit Narayan Prasad, J. was filed under Article 226 of the Constitution of

Published on June 21, 2019June 27, 2019By Bhumika Indulia
1 Comment4250 views
Case BriefsHigh Courts

Utt HC | Judgment of a Competent Court is binding inter-parties and cannot be re-agitated in collateral proceedings even if erroneous

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan and R.C. Khulbe, JJ. contemplated a writ petition, where the petitioner who was

Published on June 14, 2019June 18, 2019By Bhumika Indulia
Leave a comment3530 views
Case BriefsHigh Courts

Ori HC | No ambit of writ of certiorari under Article 226 when there is neither procedural irregularity in conducting inquiry nor violation of natural justice

Orissa High Court: A Division Bench of S.K. Mishra and Dr A.K. Mishra, JJ., dismissed the writ petition against the judgment declining

Published on June 11, 2019June 14, 2019By Bhumika Indulia
Leave a comment4518 views
Case BriefsHigh Courts

Utt HC | Power conferred on the Supreme Court, under Article 142 to do complete justice, not available to High Courts under Article 226 of the Constitution

Uttaranchal High Court: A Division Bench of Ramesh Ranganathan, CJ and N.S. Dhanik, J. entertained a PIL which sought mandamus to direct

Published on June 3, 2019June 4, 2019By Bhumika Indulia
Leave a comment5064 views

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