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Report No. 92

2.3. Scope of the power under Article 226.-

Now, the common understanding of the scope and ambit of Article 226, as at present prevailing, is that monetary compensation for an administrative wrong cannot be claimed in these proceedings, and this is so even if as a matter of law, the wrong is an actionable wrong, involving liability on the part of the State. It is to judicial review in the traditionally limited sense of that expression that the Article mainly addresses itself.

Damage in Applications for Judicial Review - Recommendations for Legislation Back

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