Commission for Scheduled Caste and Scheduled Tribes has been constituted under Article 338 of the Constitution of India. The Commission, under Clauses ... Article 338 of the Constitution of India does not have power, to issue any directions. It has been conferred with powers, to investigate and monitor
which was served on the petitioner on
17th March, 2006.
Article 338(5)(b) empowers the Commission to make an enquiry into a
complaint made ... been specifically stated that as per Article 338 of the Constitution of India the
Commission was to investigate into the matter. Therefore, it was incumbent
letter dated
March 4, 1993. The appellant refers to Article 338 , clauses (5) and (8), of
the Constitution introduced by the Constitution (Sixty Fifth Amendment ... letter dated March 4, 1993. Clauses (5)
and (8) of Article 338 of the Constitution, which the appellant refers to
as the source
Code of Criminal Procedure .
10. Interestingly, here, in Clause 8 of Article 338 , the words used are "the
Commission shall... have all the powers ... inferred or derived from a
reading of clause (8) of Article 338 of the Constitution.
11. The Commission having not been specifically granted any power
Interestingly, here, in clause (8) of Article 338 ,
the words used are "the Commission shall..... have all
the powers of the Civil Court trying ... inferred or
derived from a reading of clause (8) of Article 338 of
the Constitution.
11. The Commission having not been specifically
granted any power
State of Orissa v. Madan Gopal ' :
The language of the Article shows that the issuing of writs or directions by the Court ... merits. It is not necessary to examine the scope of Article 338 (b) and the effect of the decisions of the Supreme Court. We will
Equivalent citations: AIR1968ALL338, 1968CRILJ1325, AIR 1968 ALLAHABAD 338
ORDER
Satish Chandra, J.
1. This petition under Article 226 of the Constitution prays that the proceedings
Maninder Sharma vs State Tax Officer on 31 August, 2022
Author: Jasjit Singh Bedi
Bench
aggrieved has to choose the alternative remedy
available without referring to the Article 22 7 of the Constitution of India.
This is the view taken ... others (1998(I) CTC 338),
wherein it was held;
" It is settled law that the powers under Article 227 of the
Constitution of India
Code on the High Court and certain other courts and
by Article 136 of the Constitution on this Court is
discretionary. Under section ... Court by
s. 338 and has also the power to enhance the sentence.
Article 136 of the Constitution confers discretion upon this
court whether
