ANOOP V.MOHTA, ROSHAN DALVI, D.Y.CHANDRACHUD
Advani Oerlikon Ltd. – Appellant
Versus
Machindra Govind Makasare – Respondent
DR. D.Y. CHANDRACHUD, J.
The issue whether an appeal can lie under clause 15 of the Letters Patent against a decision of a Single Judge rendered in a Petition invoking Articles 226 and/or 227 of the Constitution has defied conclusive judicial pronouncement. In a sense, this is reflective as much of the ingenuity of the Bar as it is of the expansive constitutional philosophy of vesting jurisdiction in the High Court to issue writs that remedy injustice. The ruling, which this Full Bench is called upon to render, is guided by pronouncements of the Supreme Court, of Special Benches as well as Full Benches of this Court. That the question of the maintainability of an appeal under Clause 15 of the Letters Patent in such cases continues to arise with such persistence provides a sobering reflection of the limits of the law in providing black letter solutions. We must recognise that the broad and wide categories that the founding fathers of the Constitution created while conferring jurisdiction on constitutional courts were crafted with a sense of vision and purpose. Conceptual openness is a powerful weapon against injustice. The width and amplitude of constitutional provisions
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