Article 226 COI

Jaipur Vidyut Vitran Nigam Ltd. vs MB Power (Madhya Pradesh) Limited 2024 INSC 23 – Electricity Act – Article 226 – Writ Jurisdiction In Contractual Matters – Interpretation Of Statutes

February 1, 2024 / By

Constitution of India, 1950; Article 226 – When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution of India – Availability of an alternate …

Jaipur Vidyut Vitran Nigam Ltd. vs MB Power (Madhya Pradesh) Limited 2024 INSC 23 – Electricity Act – Article 226 – Writ Jurisdiction In Contractual Matters – Interpretation Of Statutes Read More »

Can A Writ Petition Be Filed Against A Judicial Order Passed By A Criminal Court?

January 3, 2023 / By

The Supreme Court in Radhey Shyam vs Chabbi Nath held that judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution of India. So if a judicial order is not appealable or revisable, one can only invoke the ‘supervisory jurisdiction’ of the High Court by filing a petition under Article 227 …

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Supreme Court Should Clarify Its Obiter Dictum In Kusum Ingots

December 29, 2022 / By

Recently, the High Court of Kerala struck down Section 10A of Indian Divorce Act (applicable only to Christians) observing that the fixation of the minimum period of separation of one year as stipulated is violative of the fundamental right. This raises an interesting question of constitutional law : Does this judgment has effect in Kerala …

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Can We File A ‘Writ Petition’ Under Article 226 Or/And 227 To Challenge A Judicial Order Of Civil Court?

December 29, 2022 / By

Overruling its earlier view in Surya Dev Rai vs. Ram Chander Rai, the Supreme Court (three judges bench) in Radhey Shyam vs. Chhabbi Nath, AIR 2015 SC 3269 :: (2015) 5 SCC 423., held that judicial orders of civil courts are not amenable to a writ of certiorari under Article 226. This judgment referred to observations …

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