the courts need to pass a reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case and urged by the learned counsel for the parties in support of its conclusion.
Writdigest
Article 32 Constitution of India
Right to Constitutional Remedies
32- Remedies for enforcement of rights conferred by this Part.
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari , whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.
We are informed that besides the Madras High Court, seven other State High Courts have held that they have no jurisdiction under Art. 226 of the Constitution to entertain petitions regarding improper rejection of nomination papers. This view is in my opinion correct and must be affirmed.
The expansive and extraordinary power of the High Courts under Article 226 is as wide as the amplitude of the language used indicates and so can affect any person – even a private individual – and be available for any (other) purpose – even one for which another remedy may exist.
P. S. R. Sadhanantham Versus Arunachalam and another – The High Court of Madras in its appellate jurisdiction acquitted the petitioner, Sadhanantham, of charges under S. 302 and S. 148, I.P.C. Arunachalam, as brother of the deceased, petitioned to this Court under Article 136 of the Constitution for special leave to appeal against the acquittal. The court granted special leave, and ultimately allowed […]
The legislature cannot violate the constitutional prohibitions by employing an indirect method.
What Art. 13(1) provides is that all existing laws which clash with the exercise of the fundamental rights (which are for the first time created by the Constitution) shall to that extent be void. As the fundamental rights became operative only on and from the date of the Constitution the question of the inconsistency of the existing laws which those rights must necessarily arise on and from the date those rights came into being.
ARTICLE 226 OF CONSTITUTION-When a citizen has right to judicial review against any decision of statutory authority, the High Court in exercise of judicial review had every jurisdiction to maintain the status quo so as to by lapse of time, the petition may not be infructuous.
NIRBHYA DEATH ROW ACCUSED-In this writ petition, the petitioner has raised the points on merits of the matter:- (i) That there was no proper consideration of evidence; (ii) regarding the disability of Ram Singh (accused no.1) who subsequently allegedly committed suicide in the prison; and (iii) raising doubts about the arrest of the petitioner at Karoli, Rajasthan.
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