AI Overview...
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Power of Article 226 - The High Court's powers under Article 226 of the Indian Constitution are extensive and broad enough to encompass a wide range of judicial interventions aimed at delivering justice. These powers include exercising discretionary authority and examining the legality and propriety of administrative actions to secure justice, often in conjunction with other constitutional provisions like Article 142. Ku. Vijaya Deorao Nandanwar VS Chief Officer, Municipal Council - Bombay, Changunabai Chanoo Palkar VS Khatau Makanji Mills Ltd. and others - Bombay, Sat Pal Sharma VS State Of Punjab - Punjab and Haryana
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Wide Scope of Article 226 - Despite certain practical restrictions, Article 226 is considered sufficiently wide to allow the High Court to do complete justice, including reviewing administrative decisions, issuing directions, and even examining cases involving government orders or statutory provisions. Its scope includes preventing abuse of power and ensuring that justice is served effectively. Central Bureau of Investigation VS Amit Shah - Gujarat, Muhammed @ A. P. Bappu Haji VS The Secretary to Government - Kerala
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Discretion and Justice - The High Court has the discretion to intervene in cases where administrative or governmental actions are unreasonable, capricious, or contrary to the ends of justice. This includes setting aside appointments, terminating services, or directing authorities to act in accordance with the principles of justice. M. Veeranayukulu VS Sub-Collector Ongole Prakasam District - Andhra Pradesh, Andhra National Textile Workers Union rep. by its President,k. Hanumanthappa VS Commissioner of Labour, Government Of A. P. , Hyderabad - Andhra Pradesh, VISHWA NATH VERMA VS COMMISSIONER OF POLICE - Delhi
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Complementary Powers - The powers under Article 226 are often supported by other legal provisions such as Section 482 of the Criminal Procedure Code, which empowers courts to prevent abuse of process, further enhancing the High Court's capacity to deliver substantive justice. Central Bureau of Investigation VS Amit Shah - Gujarat
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Conclusion - The cumulative insights from these sources affirm that the power of the High Court under Article 226 is indeed wide enough to do complete justice. It provides a robust legal framework for judicial review, ensuring that administrative and governmental actions align with constitutional principles and justice. This expansive power is vital for safeguarding individual rights and maintaining the rule of law.
Search Results for "Power of High Court under Article 226 is Wide Enough to do Justice"
2013 0 Supreme(Bom) 1255 • India - Bombay
ANOOP V.MOHTA, Z.A.HAQ
Power of Article 226 of Constitution of India vests with High Court. ... These powers are wide enough to cover various aspects including to exercise discretionary powers in interest of justice. ... ... Power of Article 142 vests with Supreme Court. ... Articles 142 and 226 of Constitution of India = complete justice ... 52. The powe....
2010 0 Supreme(Guj) 227 • India - Gujarat
AKIL KURESHI
to secure the ends of justice. ... enough to permit High Court to examine with whatever limited peer review it may have in its command whether order passed by the ... Along with Article 226 and 227 of the Constitution, Section 482 of the Code of Criminal Procedure would give sufficient powers to ... Section 482 of the Code gives power to the High Court to pass appropriate order to prevent abuse of the process of any Court#....
1997 0 Supreme(AP) 1301 • India - Andhra Pradesh
G.BIKSHAPATHY
Finding of the Court: The Court found that the Mill was incapable of being revived and that the only alternative was ... The Court held that the Mill should be wound up under the A. P. ... The Court also found that the workers were entitled to relief and directed the Mill to be wound up with effect from 31. 12. 1997. ... "justice Krishna Iyer speaking for the majority observed that Article 226, however, restrictive in practice, is a power #HL_START....
1997 0 Supreme(AP) 1299 • India - Andhra Pradesh
G.BIKSHAPATHY
Undertakings (Special Provisions) Act, 1971 - Section 3 - Andhra Pradesh Cooperative Societies Act - Constitution of India,1950 - Article ... Registrar to seek appropriate directions from the Government from time to time for the effective implementation of orders of this Court ... Government in pursuance of this order and the amounts already advanced by Government to society in pursuance of earlier orders of this Court ... Justice Krishna Iyer speaking for the majority observed that Article 22....
1968 0 Supreme(P&H) 37 • India - Punjab and Haryana
MEHAR SINGH, R.S.NARULA
CONSTITUTION OF INDIA, 1950 - ARTICLE 226 - ARTICLE 309 - STATES REORGANISATION ACT, 1956 - SECTION 115(7) - PUNJAB FINANCIAL ... The impugned rules were framed by the Governor of Punjab in exercise of the powers conferred on him by the proviso to Article 309 ... The Court further held that the delay in the appellants approaching the Court was not fatal to their writ petition as the impugned ... Article 226 is wide enough#....
1991 0 Supreme(Bom) 276 • India - Bombay
P.D.DESAI, K.SUKUMARAN
In the ultimate analysis, Article 226, however restrictive in practice, is a power wide enough, in all conscience, to be a friend ... Court under Article 226. ... What the Tribunal may, in its discretion do the High Court too, under Article 226, can, if facts compel, do. ... In the ultimate analysis, "Article 226, however restrictive in practic....
1985 0 Supreme(Del) 323 • India - Delhi
G.R.LUTHRA
" are wide enough to cover a case when according to this court the exercise of jurisdiction by the Govt. in report of grant of parole ... or furlough is not in accordance with the ends of justice. ... P.C. i.e. inherent powers could be exercised for grant of parole or furlough — Held — The word "otherwise to secure the ends of justice ... The words otherwise to secure the ends of justice are wide enough to cover a case when according to this #HL_ST....
2004 0 Supreme(Cal) 512 • India - Calcutta
BHASKAR BHATTACHARYA
The High Court cannot set aside the appointment of an M.R. ... Whether the High Court can set aside the appointment of an M.R. ... Finding of the Court: The High Court found that the petitioner lacked the requisite qualification for the dealership ... Bhattacharya tried to impress upon this Court that jurisdiction of the High Court under article 226 of the constitution of India....
1977 0 Supreme(AP) 26 • India - Andhra Pradesh
LAKSHMAIAH
VILLAGE OFFICES SERVICE RULES - TERMINATION OF SERVICES - POWER OF SUB-COLLECTOR - UNREASONABLE EXERCISE OF POWER - WRIT OF CERTIORARI ... Finding of the Court: The court held that the impugned order terminating the petitioner's services was not in conformity ... to continue constituted an unreasonable and capricious exercise of power. ... J. , if 1 my learned brother Kondaiah, J. , observed at page 169 thus:"it is now well-settled that the power conferred on the High#HL_EN....
2003 0 Supreme(Ker) 227 • India - Kerala
CYRIAC JOSEPH, K.THANKAPPAN
authority – Power to Impose Penalty – Findings of – Held, power of the Government under R.92 of Chapter XIV-A of KER is wide in ... Constitution of India– Art. 226 – Kerala Education Rules 1959 – Chapter XIV A, Rr. 74 and 92 – Departmental ... to alter the punishment, the Government cannot have such a power under R.92 while disposing of a revision arising from an order ... of India is wide enough to mould the relief in a writ petition in such a way as to ensure that #....
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