Article 226 Constitution

A collection of 107 posts

Constitutional Law

Dileep Kumar Pandey vs Union Of India 2025 INSC 749 - Air Force School Not A State

Constitution of India- Article 12,226 -HC held held that Air Force Schools at Bamrauli is not a state within the meaning of Article 12, and as a result, a writ petition under Article 226 could not be entertained - Dismissing appeal, SC observed: It is not shown how the

Constitutional Law

Siddhi Sandeep Ladda vs Consortium Of National Law Universities 2025 INSC 714 - CLAT Exams

Constitution of India - Article 226 - In academic matters, the Courts are generally reluctant to interfere, inasmuch as they do not possess the requisite expertise for the same. However, when the academicians themselves act in a manner that adversely affects the career aspirations of lakhs of students, the Court

Constitutional Law

Vishal Tiwari vs Union Of India 2025 INSC 647 - Judiciary - Contempt -Judicial Review - Hate Speech

Constitution of India - Article 32,226 - Each branch of the State in a democracy, be it the legislature, executive or the judiciary, especially in a constitutional democracy, acts within the framework of the Constitution. It is the Constitution that is higher than all of us. It is the

Constitutional Law

Shyam Nandan Mehta vs Santosh Kumar 2025 INSC 586 - Writ Petition -Illegal Appointment - Incorrect Information

Constitution of India - Article 226 - Supreme Court set aside HC judgment which declared the appointment of a candidate illegal and observed: It is for the recruiting agency to take action against any candidate if incorrect information is supplied. The same cannot be made a foundation for allowing the

Constitutional Law

Principal Chief Conservator of Forest vs Suresh Mathew 2025 INSC 569 - Tender - Judicial Review

Constitution of India - Article 226 - Tender matters - Government is the protector of financial resources of the state and thus, it has every right to cancel and call for fresh tender if it is in the nature of protecting the financial interests of the State- Scope of judicial

Service Law

Chief Executive Officer vs S. Lalitha 2025 INSC 565 - Administrative Tribunals Act - CAT- Limitations

Administrative Tribunals Act 1985 - Section 19,20 - If the relevant service rules do not provide for making of a representation against final orders, by reason of absence of such a provision, the remedy of the aggrieved applicant-public servant would lie directly before the CAT in challenging the order/

Disciplinary Proceedings

Durga Prasad vs Govt. Of Nct Of Delhi 2025 INSC 548 - Disciplinary Proceedings

Disciplinary Proceedings - In the event of disagreement, Disciplinary authority has to give brief reasons for his disagreement with inquiry officer and provide an opportunity to the employee to respond to such disagreement note before forming its own opinion with regard to imposition of punishment on the delinquent. (Para 18)

Constitutional Law

Neha Chandrakant Shroff & vs State Of Maharashtra 2025 INSC 484 - Writ Jurisdiction - Alternative Remedy

Constitution of India - Article 226 - The rule of exclusion of writ jurisdiction by availability of an alternative remedy is a rule of discretion and not one of compulsion. There can be many contingencies in which the High Court may be justified in exercising its writ jurisdiction inspite of

Constitutional Law

Bihar Rajya Dafadar Chaukidar Panchayat (Magadh Division) vs State Of Bihar - Subordinate Legislation - Unconstitutionality - Public Employment

Constitution of India - Article 32,226 - Subordinate Legislation - A writ court, when it finds its conscience to be pricked in a rare and very exceptional case by the patent unconstitutionality of a subordinate legislation connected with the issue it is seized of, may, upon grant of full

Public Appointments

State Of West Bengal VS Baishakhi Bhattacharyya (Chatterjee) 2025 INSC 437 - Public Employment - Selection Process - Fraud

Public Employment - Selection Process - When an in-depth factual inquiry reveals systemic irregularities, such as malaise or fraud, that undermine the integrity of the entire selection process, the result should be cancelled in its entirety. However, if and when possible, segregation of tainted and untainted candidates should be done

Article 226 Constitution

General Manager Business Network Planning (Retail) Bharat Petroleum Corporation Limited vs P. Soundary 2025 INSC 426 - Writ Jurisdiction - Contractual Matters - Public Trust - Petroleum

Constitution of India - Article 12,226 - In writ jurisdiction, when parties to the dispute involve an organization deemed to be an instrumentality under Article 12 of the Constitution, there exists a responsibility of the State to act in a fair, reasonable manner and free from arbitrariness. The Court

Miscellaneous

Secretary, All India Shri Shivaji Memorial Society (AISSMS) vs State Of Maharashtra 2025 INSC 422 - Judicial Review - Academic Matters

Constitution of India- Article 226 - Judicial Review - Normally, courts should not interfere with the decisions taken by expert statutory bodies regarding academic matter: may it relate to qualification for admission of students or qualification required by teachers for appointment, salary, promotion, entitlement to a higher pay scale etc.

Constitutional Law

State Of Jharkhand vs Rukma Kesh Mishra 2025 INSC 412 - Art.311,226 Constitution - Disciplinary Proceedings - Precedents - Stare Decisis

Constitution of India - Article 311(1) - If one looks at Article 311(1), the sole safeguard that it provides to any member, inter alia, of a civil service of a State or the holder of a civil post under the State is that he shall not be dismissed

Constitutional Law

Yogesh Kumar vs State Of Uttar Pradesh 2025 INSC 379 - Art. 226 Constitution - Technicalities

Constitution of India - Article 226 - while exercising the jurisdiction under Article 226 of the Constitution of India, the Court is not expected to be hyper- technical. (Para 11) -Even in case of disputed questions of fact, the High Court would be justified in entertaining a petition under Article

Constitutional Law

Bank Of India vs Muthyala Saibaba Suryanarayana Murthy 2025 INSC 373 - Writ Jurisdiction - Mandamus - Sympathy Considerations

Constitution of India - Article 226 - In exercise of writ powers under Article 226 of the Constitution, the high courts of the country do not come to the aid of the tardy, the indolent, and the lethargic. This golden truth has to borne in mind by all courts exercising

Constitutional Law

Arvind Kumar Bhati vs State Of Uttar Pradesh 2025 INSC 286

Constitution of India - Article 226 - PIL- SC set aside some directions that were issued by Allahabad HC to the State Government on maintenance of hospitals by the State of Uttar Pradesh, including hospitals in medical colleges and Universities and observed: Certain directions that were given did not fall

Constitutional Law

A.P. Electrical Equipment Corporation vs Tahsildar 2025 INSC 274 - Writ Jurisdiction - Disputed Question Of Facts - Precedent

Constitution of India - Article 226 - Normally, the disputed questions of fact are not investigated or adjudicated by a writ court while exercising powers under Article 226 of the Constitution of India. But the mere existence of the disputed question of fact, by itself, does not take away the

Miscellaneous

Lifecare Innovations Pvt. Ltd. vs Union Of India 2025 INSC 269 - MSMED Act - Public Procurement Policy

Micro, Small and Medium Enterprises Development Act, 2006 - Public Procurement Policy for Micro and Small Enterprises (MSEs) Order 2012 has force of law as it is formulated in exercise of power under Section 11 of the Act and also encapsulates the purpose and object of the Act; (b) though

Constitutional Law

JSW Steel Ltd. vs Board Of Trustees Of Mumbai Port Trust 2025 INSC 257 - Art. 226 - Writ Petition

Constitution of India - Article 226 - Lapse of time alone not a ground to close the matter when it is a result of systemic delay - High Court has to answer the question of law when it does not really involve a disputed factual setting (Para 6-7) [Context: SC

Constitutional Law

Racing Promotions Private Limited vs Dr. Harish 2025 INSC 252 - Judicial Review - Contractual Matters

Constitution of India - Article 226 - The scope of judicial review in matters concerning contractual relationship of the State or its instrumentality with private participation, particularly as regards the scope and ambit of work and finances, are limited. (Para 20) Sports Development Authority - Sports Development Authority is an

Corporate Law

Bank Of Baroda vs Farooq Ali Khan 2025 INSC 253 -Ss. 94-100 IBC - Judicial Review

Insolvency and Bankruptcy Code 2016 - Section 94-100 -The appointment of a resolution professional, at the very threshold, is statutorily mandated under Section 97 of the IBC - Adjudicating Authority does not adjudicate any point at this stage and need not decide jurisdictional questions regarding existence of the debt before

Constitutional Law

Vivek Kumar Gaurav vs Union Of India - Writ Jurisdiction - Legislation - BNS

Constitution of India - Article 32,226- In writ jurisdiction, neither the High Court nor Supreme Court can direct the legislature to enact a law in a particular manner. [Context: In this case, the petitioner pointed out that, as per BNSS provision complainant/victim would not be entitled to appear

Constitutional Law

Omega Elevators vs State Of M.P. - Judicial Review - Tender Matters

What is the scope of judicial review in tender matters?

Constitutional Law

Rupa And Co. Limited vs Firhad Hakim 2025 INSC 245 - Art. 226 Constitution - Mediation

Constitution of India - Article 226- Under the constitutional scheme, a writ issued by the High Court in exercise of its jurisdiction under Article 226 of the Constitution of India which has not been interfered with by this Court has to be followed in letter and spirit, by all the

Constitutional Law

Techno Prints vs Chhattisgarh Textbook Corporation 2025 INSC 236 - Blacklisting - Show Cause Notice - Writ Jurisdiction

Constitution of India - Article 226 -Ordinarily, Writ Court should not entertain any petition, seeking to challenge a show cause notice unless the Court is convinced that the same has been issued by an authority having no jurisdiction, or the same is tainted with mala fides. [But in this case,