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1 - 7 of 7 (0.51 seconds)T. C. Basappa vs T. Nagappa And Another on 5 May, 1954
Such a
construction defeats the purpose of the article
itself. To say this is not to say that the High
Courts can function arbitrarily under this
Article. Some limitations are implicit in the
article and others may be evolved to direct
the article through defined channels. This
interpretation has been accepted by this
Court in T. C. Basappa v. Nagappa, and Irani
v. State of Madras
P. J. Irani vs The State Of Madras on 21 April, 1961
13. Adverting to the submission of Mr. Prasad that
the policy of two promotions in the career as per the judgment of the
Apex Court in the case of State of Tripura & Ors (supra) is
concerned, the Court is of the view that on careful scrutiny of the
Career Advancement Scheme, it is evident that the Career
Advancement Scheme provide for financial upgradation on
completion of certain period of time as teacher. Avenues of two
promotion is available to a teacher and it cannot be read that without
consideration of merit teachers should be granted promotion only on
the length of service.
Dwarka Nath vs Income-Tax Officer, Special Circle ... on 29 March, 1965
8. Referring to the submission of the petitioners that
the Court has limited power of judicial review. The Court does not
Patna High Court CWJC No.7547 of 2017 dt.15-05-2018
7/12
find any merit in such submission. Under Article 226 of the
Constitution, the power is plenary and there is no limitation in the
matter of exercise of jurisdiction of constitutional court. The
restriction in exercise of jurisdiction is self-imposed. It is relevant to
quote the observations of Justice Subba Rao in the case of Dwarka
Nath vs. Income-Tax Officer, Special, reported in 1965 (3) SCR 536
where his Lordships speaking for the Court has explained the scope
of article 226 of the Constitution in the following words:
Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Anandi Mukta Sadguru Shree Mukta ... vs V.R. Rudani & Ors on 21 April, 1989
9. The same view was reiterated by the Apex Court in
the case of Anandi Mukta Sadguru Shree Mukta Jeevandasswami
Suvarna Jaya vs. V.R. Rudani & Ors, reported in AIR 1989 SC 1607.
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