Article 227 CoI

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 …

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

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 …

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

S 8 Arbitration Act – Remedy Against Order Allowing Reference To Arbitration?

December 26, 2022 / By

Section 8 of the Arbitration and Conciliation Act deals with power of a judicial authority to refer parties to arbitration where there is an arbitration agreement. Againsst an order refusing an application under Section 8, a statutory remedy of appeal has been provided under Section 37 of the Act. However, no remedy has been provided …

S 8 Arbitration Act – Remedy Against Order Allowing Reference To Arbitration? Read More »