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Report No. 92

3.2. Recommendation for enacting Central Act permitting claim for damages in application for judicial review under Article 226.-

It would, therefore, be necessary to amend the law, if the reform indicated above is to be incorporated in our legal system. What we have in mind is a provision to be enacted in a separate Central Act, under a suitable title. The principal provision of such Central Act could be somewhat in the following terms:-

"On an application for judicial review1 under Article 226 of the Constitution, the High Court may award damages to the applicant if-

(a) the applicant joined with his application a claim for damages arising from any matter to which the application relates; and

(b) the High Court is satisfied that, if the claim had been made in a suit instituted by the applicant at the time of making his application, he would have been awarded damages".

1. "Judicial Review" is not an expression employed in the Indian Constitution, but it is well understood.



Damage in Applications for Judicial Review - Recommendations for Legislation Back




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