2022 (5) TMI 793 - Supreme Court

Understanding the contours of writ jurisdiction with respect to order of National Consumer Disputes Redressal Commission.

Right infringed by an arbitrary administrative action may be contested in the Court.

The Constitution of India, under Articles 32 and 226 confers writ jurisdiction on Supreme Court and High Courts, respectively for enforcement/protection of fundamental rights of an Individual. 

Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition are the different types of writs.                

The objective being to compel the authorities to fulfil the duties which are bound to perform under the law.

Absence of appeal provision in any Act would give way to a writ jurisdiction.

Ibrat Faizan vs. Omaxe Buildhome Private Limited:

Remedy which may be available to the aggrieved party against the order passed by the National Commission in an appeal under Section 58(1)(a)(iii) or Section 58(1)(a) (iv) would be to approach the concerned High Court having jurisdiction under Article 227 of the Constitution of India.

M/S. Estralla Rubber vs. Dass Estate (Pvt.) Ltd.

While granting any interim stay/relief in a writ petition under Article 227 of the Constitution against an order passed by the National Commission, the same shall always be subject to the rigour of the powers to be exercised under Article 227 of the Constitution of India.

The Supreme Court further held that the High Court while exercising power under Article 227 of the Constitution of India, the High Court itself subjects to the rigor of Article 227 of the Constitution. 

InL. CHANDRA KUMAR VERSUS UNION OF INDIA AND OTHERS [1997 (3) TMI 90 - SUPREME COURT] and in ASSOCIATED CEMENT COMPANIES LTD. VERSUS P.N. SHARMA AND ANOTHER [1964 (12) TMI 61 - SUPREME COURT], held by the Hon’ble Supreme Court, that the High Court while exercising power under Article 227 of the Constitution of India, the High Court itself subjects to the rigor of Article 227 of the Constitution. 

This judgment helps us to understand that the powers under Writ Jurisdiction with the Hon’ble High Courts is not absolute but subject to law laid down within the Constitution of India itself.

Understanding the contours of writ jurisdiction with respect to order of National Consumer Disputes Redressal Commission.

Right infringed by an arbitrary administrative action may be contested in the Court.

 The Constitution of India, under Articles 32 and 226 confers writ jurisdiction on Supreme Court and High Courts, respectively for enforcement/protection of fundamental rights of an Individual. 

Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition are the different types of writs.                

The objective being to compel the authorities to fulfil the duties which are bound to perform under the law.

Absence of appeal provision in any Act would give way to a writ jurisdiction.

Ibrat Faizan vs. Omaxe Buildhome Private Limited:

Remedy which may be available to the aggrieved party against the order passed by the National Commission in an appeal under Section 58(1)(a)(iii) or Section 58(1)(a) (iv) would be to approach the concerned High Court having jurisdiction under Article 227 of the Constitution of India.

M/S. Estralla Rubber vs. Dass Estate (Pvt.) Ltd.

While granting any interim stay/relief in a writ petition under Article 227 of the Constitution against an order passed by the National Commission, the same shall always be subject to the rigour of the powers to be exercised under Article 227 of the Constitution of India.

The Supreme Court further held that the High Court while exercising power under Article 227 of the Constitution of India, the High Court itself subjects to the rigor of Article 227 of the Constitution. 

InL. CHANDRA KUMAR VERSUS UNION OF INDIA AND OTHERS [1997 (3) TMI 90 - SUPREME COURT] and in ASSOCIATED CEMENT COMPANIES LTD. VERSUS P.N. SHARMA AND ANOTHER [1964 (12) TMI 61 - SUPREME COURT] held by the Hon’ble Supreme Court, that the High Court while exercising power under Article 227 of the Constitution of India, the High Court itself subjects to the rigor of Article 227 of the Constitution. 

This judgment helps us to understand that the powers under Writ Jurisdiction with the Hon’ble High Courts is not absolute but subject to law laid down within the Constitution of India itself.

 

---

Full Text:

2022 (5) TMI 793 - Supreme Court

Writ jurisdiction protects rights against arbitrary administrative action, permitting High Court supervisory challenges to commission orders. Writ jurisdiction under Articles 32 and 226 allows enforcement of fundamental rights via writs such as Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition, particularly where no statutory appeal exists; challenges to National Consumer Disputes Redressal Commission orders may be pursued before the High Court under its supervisory jurisdiction, with any interim relief subject to the rigours and constitutional limits of Article 227.