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Report No. 92

2.4. Power under Article 226.-

Of course, it is well settled that the powers of the High Court under Article 226 are not confined to the issue of "prerogative writs"1, known to the English law as it evolved through the centuries. The High Court can "mould the relief to meet the peculiar and complicated requirements of this country".2 The High Court can, in such proceedings, set aside an executive order, whether or not the writ of certiorari is attracted to the fact3. In proper cases, declaratory relief may also be granted in a petition under Article 2264. This is so even though such relief could not be ordered by a prerogative writ under English law. Further, the High Court, under Article 226, has also the power to give consequential relief, such as ordering the repayment of money realised without the authority of law or under an invalid law5. However, it is generally assumed that the High Court cannot, in such proceedings, awaited damages for administrative actions that cause harm illegally. We proceed to consider in the next Chapter whether there is scope for improvement in the present position.

1. Irani v. State of Madras, AIR 1961 SC 1731 (1738), para. 14.

2. Dwarka Nath v. I.T.O., AIR 1966 SC 81 (85), para. 4.

3. Irani v. State of Madras, AIR 1961 SC 1731 (1738).

4. B.B.L. & T. Merchants Association v. State of Bombay, AIR 1962 SC 486 (496).

5. State of Madhya Pradesh v. Bhailal, AIR 1964 SC 1006 (1010, 1011), paras. 16-18.



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