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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


Are Judgments Of High Courts Applicable Throughout India?
NIRMALKUMAR MOHANDOSS India is a common law country and hence precedent is one of the sources of law. The doctrine of stare decisis is...

Nirmalkumar Mohandoss & Associates
Oct 4, 20255 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


No Relief Of Specific Performance If There Is A Clause For Compensation: SC
CASE SUMMARY: In T.D. Vivek Kumar Vs Ranbir Choudhary [CDJ 2023 SC 406/2023 (3) CTC 194], the Supreme Court has held that the purchaser...

Nirmalkumar Mohandoss & Associates
May 23, 20233 min read
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