Page 2 - Article 227 News Today

Jammu & Kashmir and Ladakh High Court Weekly Roundup April 24 - April 30Nominal IndexSurinder Partap Singh and another Vs Vijay Kumar and Anr 2023 LiveLaw (JKL) 93Tariq Ahmad Dar Vs NIA 2023 LiveLaw...

Since the ruling is prospective, cases that have already been transferred to family courts by previous orders of the High Court will not be sent back, the Full Bench said.

The Court said that an Industrial Tribunal exercises powers similar to the jurisdiction of a civil court and its orders can only be challenged before the High Court by way of a writ petition under Article 227.

The High Court

A Bench of Justices MR Shah and BV Nagarathna held that writ petitions under Article 227 before High Courts, in appeal of an order passed by a national consumer forum, are maintainable.

When the statute provides a further remedy by way of appeal against the award, the High Court ought not to have entertained a petition under Articles 226 of the Constitution of India, the Court said.

A Division Bench of Justices Ajay Rastogi and Abhay S Oka also noted that power of judicial review of High Court is not analogous to adjudication of case on merits as an appellate authority.

A Division Bench of Justices DY Chandrachud and Bela M Trivedi also noted that power under Article 227 is intended to be used sparingly and only in appropriate cases and not for correcting mere errors.

Single-Judge Justice Dinesh Mehta observed that when there is already an existing remedy before the Appellate Authority, the petitioners cannot be allowed to directly approach the High Court.

Supreme Court has stated that such discretionary relief as Article 227 must be exercised to ensure there is no miscarriage of justice