"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Friday, November 14, 2008

SC Judgments

There is nothing called ex-parte mandamus under Article 226
City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala & ors. Civil Appeal N0. 6652 of 2008. Date of Judgment 14-11-08
Writ remedy is a discretionary remedy and cannot be awarded as matter of course because the state has not submitted affidavit, there is nothing called an ex-parte mandamus decree.
Court expressed its displeasure and concern in the slipshod conduct of the state in this case. Sureme Court chided the High Court for its approach in coming to a conclusion based on the oral submission of AGP and reminded the duty of the HC while execising writ jurisdiction in the following words
"The court while exercising its jurisdiction under Article 226 is duty bound to consider whether :
(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;
(b) petition reveals all material facts;
(c) the petitioner has any alternative or effective remedy for the resolution of the dispute;
(d) person invoking the jurisdiction is guilty of unexplained delay and laches;
(e) ex facie barred by any laws of Limitation;
(f) grant of relief is against public policy or barred by any valid law; and host of other factors."

No comments: