tag:blogger.com,1999:blog-5949922529631180407.post5316311879938158005..comments2024-03-11T01:35:38.553+05:30Comments on The Demanding Mistress: Articles 226 and 227: How are they different?J.Sai Deepakhttp://www.blogger.com/profile/08357301068067861565noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-5949922529631180407.post-70402572925730291512016-12-21T13:19:30.318+05:302016-12-21T13:19:30.318+05:30can a completely new party who was nowhere in pict...can a completely new party who was nowhere in picturre in the litigation in lower courts directly come under article 227 before the high courtAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-26556045063731250392016-06-22T15:57:48.196+05:302016-06-22T15:57:48.196+05:30This question has supposedly been asked in the con...This question has supposedly been asked in the context of Sections 399 of the Criminal Procedure Code which prohibit a second revision to the High Court against decision in first revision rendered by the Sessions Judge. This question was dealt with by SC in the case of Chandrasekhar Singh & Ors. Vs. Siva Ram Singh & Ors., (1979) wherein the court held that the powers of supervisory jurisdiction of HC under S. 226 are plenary and cannot be said to be restricted in any sense in view of the bar of S. 439.Anonymoushttps://www.blogger.com/profile/09629153535965808324noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-15294314439546498542015-12-17T06:51:10.461+05:302015-12-17T06:51:10.461+05:30Sir.
Give me or pls.tell me that if any state au...Sir.<br /> Give me or pls.tell me that if any state authority terminate the service of employee what are the latest judgement regarding back wedges or ordering to authority to pay all dues Anonymoushttps://www.blogger.com/profile/06632034996291628461noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-27463818356562942032015-09-10T17:22:27.176+05:302015-09-10T17:22:27.176+05:30Can the petitioner use Article 227 for the purpose...Can the petitioner use Article 227 for the purpose of challenging the Order of the Sessions court being the revisional Court?Dangare Sanehttps://www.blogger.com/profile/06318996911609583026noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-73412594566447470882013-09-09T23:23:57.959+05:302013-09-09T23:23:57.959+05:30Dear Vishwadeep,
Typically appeals against the ord...Dear Vishwadeep,<br />Typically appeals against the orders of a tehsildar lie before the District collector. Unless you are able to explain the reason for approaching the High Court in a writ directly, a HC may not be enthused to intervene. It is not possible to comment further without knowing the nature of the issue here and the contents of the Tehsildar's order.<br /><br />Bests,<br />Sai.J.Sai Deepakhttps://www.blogger.com/profile/08357301068067861565noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-83415032817473406262013-09-08T23:29:01.212+05:302013-09-08T23:29:01.212+05:30Hi
I am not an advocate. hence i need to know whe...Hi<br /><br />I am not an advocate. hence i need to know whether we can file a writ petition against the order of a tehsildar directly in High Court by-passing the lower courts ? Pl advise<br /><br />Vishwadeep Verma Deephttps://www.blogger.com/profile/15189362865880100517noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-46899512597790988222010-12-18T11:31:04.441+05:302010-12-18T11:31:04.441+05:30Btw Prashant Thnx for the Sohanlal Judgment, will ...Btw Prashant Thnx for the Sohanlal Judgment, will go through it and post on it.<br /><br />Bests,<br />Sai.J.Sai Deepakhttps://www.blogger.com/profile/08357301068067861565noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-53950353688492937112010-12-18T11:28:44.217+05:302010-12-18T11:28:44.217+05:30Thnx for the comments Prashant. I agree with you l...Thnx for the comments Prashant. I agree with you largely, but on the last point of taking up a case on merits too is something I wish to disagree. Even if the HC takes up the case on merits, since it is not acting in appellate capacity under Art. 226, its mandate is limited to setting aside the lower Court's order, and remanding the case back to the lower Court with observations on the law. <br /><br />I dont think this rule, which has been held sacrosanct for centuries, is capable of being circumvented regardless of the horse you bring to ventilate your matter before the Court. <br /><br />Bests,<br />Sai.J.Sai Deepakhttps://www.blogger.com/profile/08357301068067861565noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-32491285500274117822010-12-18T11:08:20.504+05:302010-12-18T11:08:20.504+05:30In continuation of my comment to the related post....In continuation of my comment to the related post.. You have correctly pointed out that depending on the nature of relief, the course has to be taken but we tend to forget again and again that in the exercise of its discretionary jurisdiction under Article 226, the High Court cannot act as courts of appeal or revision. The power therein is that of judicial review, where it can examine only procedural correctness and not the merits of the controversy (This has been laid down in several leading case laws). Hence, we should remember that though the jurisdiction of High Courts is not confined to issuing Writs, the Court cannot permit this extraordinary jurisdiction to be converted into a suit (Leading case law for this position being Sohan Lal v. Union of India AIR 1957 SC 529)<br /><br />But at the same time, I would say that this is completely a mooting argument as depending on the case, and Art 226 being a 'discretionary power' anything can be termed as 'gross error of law' and the HC MAY take up the case on merits too.. (Provided you have the lawyer, who makes the Court take it up :)Anonymoushttps://www.blogger.com/profile/15411216093509745107noreply@blogger.com