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Report No. 58

Recommendation

5.46. In this connection, we would like to recommend that the Minister of Law and Justice may suggest to the Chief Justice of India to take such action as he may deem desirable and expedient to see that all the High Courts may appropriate rules in this matter and that such rules are, as far as possible, uniform. The object of such rules should be to lay down a definite procedure in dealing with disputed questions of fact in writ petitions filed under Article 226.

It may also be stated that, at present, there is divergence of opinions on the question whether, by virtue of section 141 of the Code of Civil Procedure, 1908, the provisions of that Code are attracted to petitions for writs. The framing of self-contained rules on important procedural matters would be useful, with respect to petitions under Article 226 of the Constitution.



Structure and Jurisdiction of the Higher Judiciary Back




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