Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

SC: HC in Exercise of Writ Jurisdiction Can Pass Order Interdicting Legal Fiction - (20 Mar 2020)

CONSTITUTION

Supreme Court has observed that the High Court in the exercise of jurisdiction under Article 226 of the Constitution of India, 1949 can pass an order interdicting the legal fiction engrafted in legislation provided the legal fiction had not come into operation. The Court has reiterated that the power of the High Court under Article 226 cannot be taken away or abridged by any contrary provision in a Statute.

Tags : SUPREME COURT   LEGAL FICTION  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved