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Can HCs Invoke Article 226/227 Constitution To Provide Reliefs Declined By Courts Below Citing Lack Of Statutory Authority?
NIRMALKUMAR MOHANDOSS In the Constitutional scheme of things, the High Courts in India are vested with extraordinary jurisdiction not vested even in the Supreme Court of India. While discussing the powers of the Supreme Court vis-à-vis the High Courts, the Apex Court pointed out in Tirupati Balaji Developers (P) Ltd & Ors., Vs State of Bihar & Ors., [(2004) 5 SCC 1] that: “Under the constitutional scheme as framed for the judiciary, the Supreme Court and the High Courts, bot
Nirmalkumar Mohandoss & Associates
Apr 193 min read
Constitutional Courts Should Refrain From Fixing Time Bound Disposal Of Cases: SCI
In High Court Bar Association, Allahabad Vs State of U.P & Ors., [Criminal Appeal No. 3589 of 2023], the full bench of the Supreme Court...
Nirmalkumar Mohandoss & Associates
May 23, 20244 min read
TN Court Fees & Suit Valuation Act Is A Taxing Statute – Must Be Read Strictly : MHC
In Sagadevan Vs Rukmani & 4 Ors., [C.R.P (PD) No. 2944 of 2022], the Madras High Court has stated that the Tamil Nadu Court fees and Suit Va
Nirmalkumar Mohandoss & Associates
May 3, 20243 min read
MINIMUM AGE RESTRICTION FOR DJ RECRUITMENT GOOD IN LAW: MHC
CASE SUMMARY In K. Nithyashree Vs Union of India & Anr., [W.P. No. 9846 of 2023], the Division Bench of the Madras High Court led by the...
Nirmalkumar Mohandoss & Associates
Jun 2, 20233 min read
BARRING YOUNG ADVOCATES FROM DIRECT RECRUITMENT AS DISTRICT JUDGES: LEGAL RAMIFICATIONS
Several competent young advocates who have been ambitiously sustaining Court practice with meager income are now required to wait for...
Nirmalkumar Mohandoss & Associates
May 31, 20206 min read
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