Constitution of India,1950; Article 226 – Delay or latches is one of the factors which should be born in mind by the High Court while exercising discretionary powers under Article 226 of the Constitution of India. In a given case, the High Court may refuse to invoke its extraordinary powers if laxity on the part …
Constitution of India, 1950; Article 136- Quoted from Narpat Singh v. Jaipur Development Authority (2002) 4 SCC 666 : 2002 INSC 222: “The exercise of jurisdiction conferred by Article 136 of the Constitution on this Court is discretionary. It does not confer a right to appeal on a party to litigation; it only confers a …
Constitution of India, 1950; Article 226 -Labour Law -Wage Structure Fixing -Though the High Court ought not to reappreciate evidence and substitute its own finding for that of the Tribunal, it would not be beyond the jurisdiction of the High Court in its power of judicial review to altogether eschew such a process- The financial …
Constitution of India, 1950 ; Article 226 – A writ petition under Article 226 of the Constitution be entertained in spite of availability of an alternative remedy (i) where the statutory authority has not acted in accordance with the provisions of the enactment in question; (ii) it has acted in defiance of the fundamental principles …
Curative Petition – Curative Jurisdiction may be invoked if there is a miscarriage of justice- Jurisdiction of this Court, while deciding a curative petition, extends to cases where the Court acts beyond its jurisdiction, resulting in a grave miscarriage of justice. (Para 35) – the exercise of the curative jurisdiction of this Court should not …
Constitution of India, 1950; Article 32, 226 – The writ of certiorari being a writ of high prerogative, should not be invoked on mere asking. The purpose of a writ of certiorari for a superior Court is not to review or reweigh the evidence to adjudicate unless warranted. The jurisdiction is supervisory and the Court …
Industrial Disputes Act, 1947 ; Section 2(s) – Whether a person would or would not come within the definitional stipulation of a “workman” – Mere absence of power to appoint, dismiss or hold disciplinary inquiries against other employees, would not and could not be the sole criterion to determine such an issue. Holding otherwise would …
Constitution of India, 1950; Article 136 – Supreme Court is not only a court of law but a court of equity, as well -It is not the policy of this Court to entertain special leave petition and grant leave under Article 136 of the Constitution save in those cases where some substantial questions of law …
State Of Kerala vs Union Of India – Suit Challenging Borrowing Limits Referred to Constitution Bench -Suit raises more than one substantial questions regarding interpretation of the Constitution, including: (a) What is the true import and interpretation of the following expression contained in Article 131 of the Constitution: “if and in so far as the …
Constitution of India, 1950; Article 226 -Powers of judicial review can always be exercised by a writ Court under Article 226 of the Constitution of India but wherever there are disputed questions of facts that need adjudication, it is best left to the competent forum to adjudicate the same by examining the evidence brought on …