AI Overview...
Vacate Order under Article 226
Main Points and Insights
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Legal Basis for Vacating Orders: Orders issued under Article 226 of the Indian Constitution can be challenged and vacated by filing appropriate applications, typically under Article 226(3), which grants the High Court the power to modify or vacate interim or final orders Hajee Suleman VS Custodian, Evacuee Property - Madhya Pradesh, The Managing Director, Tamil Nadu State Transport Corporation (Salem Ltd.) vs A.Chandran - Madras, Sarbjit Rai VS State of Bihar - Patna.
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Procedure for Vacating Orders:
- An application under Article 226(3) is the primary remedy to seek vacating or modifying interim or ex-parte orders.
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The court assesses whether the conditions under Article 226(3) are satisfied, such as the existence of a prima facie case, balance of convenience, and potential irreparable harm Gckc Projects & Works Private Limited VS Khemraj Mali - Rajasthan, N.R.ANILKUMAR vs THE CHESS ASSOCIATION KERALA - Kerala.
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Interim Orders and Vacating Them:
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Interim orders, including stay or ex-parte injunctions, can be vacated if proper legal grounds are established, such as violation of principles of natural justice, non-compliance with procedural requirements, or if the order was passed without notice Vikram Singh Tanwar VS State Education Department - Rajasthan, Sarbjit Rai VS State of Bihar - Patna.
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Timing and Delay:
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Filing appeals or applications to vacate orders must be timely; delays are subject to condonation petitions, and courts scrutinize whether the delay is justified N.R.ANILKUMAR vs THE CHESS ASSOCIATION KERALA - Kerala.
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Nature of Orders:
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Orders can be final or interim, and the courts distinguish between them while considering vacatur. For example, ex-parte interim orders are more readily vacated if proper application is made under Article 226(3) Vikram Singh Tanwar VS State Education Department - Rajasthan.
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Specific Case Examples:
- Cases involving employment, staff quarters, or administrative orders often involve petitions under Article 226 to challenge orders to vacate premises or employment-related orders N. Sasikala VS Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd. - Madras, Gckc Projects & Works Private Limited VS Khemraj Mali - Rajasthan.
Analysis and Conclusion
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Power of High Courts: Under Article 226(3), High Courts possess broad discretionary power to vacate, modify, or stay orders, including interim or ex-parte orders, provided the application satisfies legal criteria.
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Legal Principles:
- The courts emphasize adherence to due process, proper notice, and the presence of justifiable grounds for vacating orders.
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The remedy is primarily through Article 226(3) applications, and direct appeals against interim orders are generally not entertained unless specifically permitted Southern Academy of Maritime Studies, Rep. by Director, Maritime Education Private Ltd. , Chennai VS A. M. Akash - Madras.
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Practical Implication:
- Parties seeking to vacate orders must file timely, well-founded applications under Article 226(3), demonstrating sufficient cause and compliance with procedural requirements.
- Courts tend to vacate interim orders if the conditions are met, especially when the order was passed ex-parte or without proper notice.
References:
- Orders under Article 226 and their vacatur are discussed across multiple cases, including Hajee Suleman VS Custodian, Evacuee Property - Madhya Pradesh, The Managing Director, Tamil Nadu State Transport Corporation (Salem Ltd.) vs A.Chandran - Madras, Sarbjit Rai VS State of Bihar - Patna, Gckc Projects & Works Private Limited VS Khemraj Mali - Rajasthan, Vikram Singh Tanwar VS State Education Department - Rajasthan, N.R.ANILKUMAR vs THE CHESS ASSOCIATION KERALA - Kerala, and N. Sasikala VS Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd. - Madras.
This summary encapsulates the main legal principles, procedural requirements, and case examples related to vacating orders under Article 226 of the Indian Constitution.
Search Results for "Vacate Order under Article 226"
• India - Madhya Pradesh
MEHTA, A.H.KHAN
an order issued under Article 226 of the Constitution. ... an order issued under Article 226 of the Constitution. * The remedy of review is not available in the present case as the ground ... Final Decision: The court dismissed the application seeking to vacate or modify the order passed in the writ case. ... It is well known that High Prerogative Writs are issued under Art. 226 of the Constitution and there is no direction in the....
2025 Supreme(Online)(Mad) 46245 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
RSUBRAMANIAN, K.SURENDER, JJ
The court finds that the appellants may seek to vacate the order under Article 226(3) of the Constitution. ... The appeal concerns an interim order issued without prior notice to the appellants. ... It is open to the appellants to seek to vacate the interim order under Article 226(3) of the Constitution of India . 3. In view of the same, this Writ Appeal is dismissed. No costs. ... It is open to the appellants to seek to ....
1997 0 Supreme(Pat) 908 • India - Patna
SUDHANSU JYOTI MUKHOPADHAYA
An interlocutory application was filed to vacate the interim order, citing Article 226(3) of the Constitution of India. ... Ratio Decidendi: The court interpreted Article 226(3) and held that the interim order of stay was vacated as it was passed ... light of Article 226(3) of the Constitution of India. ... Accordingly, I hold that the interim order of stay dated 5th September, 1997 stands #HL_ST....
2021 0 Supreme(Raj) 1876 • India - Rajasthan
MAHENDAR KUMAR GOYAL, SANGEET LODHA
under Article 226 (3) of the Constitution of India, emphasizing the need for proper legal process in employment matters. ... It noted that the State had also filed an application to vacate the order, which was pending consideration. ... Ratio Decidendi: The court held that the appellant, now a party to the proceedings, could apply to vacate the interim order ... We are also informed that State has also filed an application under Article 226 (3) of t....
2019 0 Supreme(Raj) 2407 • India - Rajasthan
ALOK SHARMA
Article 226(3) - Ex-parte Interim Order - The court vacated the ex-parte interim order dated 4.4.2018, considering the petitioner's ... Fact of the Case: The petitioner applied under Article 226(3) of the Constitution of India for vacation of an ex-parte ... order stands vacated. ... The matter comes up on an application under Article 226(3) of the Constitution of India for vacation of ex-parte ....
2025 Supreme(Online)(Ker) 51978 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
Article 226 (3) of the Constitution of India . 4. ... Thus, the conditions to satisfy the mandates of Section 226 (3) and to vacate the interim order are not seen made out. The Writ Appeal itself had been filed along with a delay condonation petition seeking to condone a delay of 29 days in filing the same. ... It is the specific contention of the learned counsel that the interim order dated 19.07.2024 had been extended on different occasions and hence none of the contentions put for....
2021 0 Supreme(Raj) 1130 • India - Rajasthan
DINESH MEHTA
226(3) of the Constitution with a prayer to vacate the interim order, obviously with a view to appoint Administrator(s) - Till elections ... Rajasthan Cooperative Societies Act, 2001 - Section 32 and 30(1)(c) - Constitution of India, 1950 - Article ... under Section 30(1)(c) of Act of 2001 – Held, Instead of discharging its statutory duty, the State has moved application under Article ... Instead of discharging its statutory duty, the State has moved application under Article #HL_START....
2019 0 Supreme(Mad) 1074 • India - Madras
S.MANIKUMAR, SUBRAMONIUM PRASAD
of India should be filed to vacate an interim order, and that a writ appeal directly against such interim order should not be entertained ... Writ Appeal - Mandamus - Article 226(3) of the Constitution of India - [Article 226(3)] Fact of the Case: The respondents ... Finding of the Court: The court found that the appellant had the remedy to move an application under Article 226(3) ... , along with the vacate sta....
2017 0 Supreme(Raj) 1552 • India - Rajasthan
DINESH MEHTA
the interim order, as it found no reason to vacate the order due to the continued employment of similarly situated persons with ... of India, as it found no reason to vacate the interim order due to the continued employment of similarly situated persons with the ... Final Decision: The application under Article 226(3) of the Constitution of India was rejected, and the interim order was ... The application under Article 22....
2024 0 Supreme(Mad) 1090 • India - Madras
ABDUL QUDDHOSE
Fact of the Case: The petitioner filed a Writ Petition under Article 226 of the Constitution ... of India challenging an order requiring them to vacate staff quarters following their termination from service. ... to vacate the staff quarters was justified. ... : (Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ka.No....
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