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1 - 4 of 4 (0.25 seconds)The Sikh Gurdwaras Act, 1925
Mewa Singh & Ors vs Shiromani Gurdwara Prabandhak ... on 10 December, 1998
In our view High Court in Ajaib Singh case rightly held that
section 142 of the Act was inapplicable in the case and that
petitioner therein could not seek remedy under Section 142,
which does not provide any alternative remedy."
Dwarkanath, Hindu Undivided Family vs Income-Tax Officer, Special Circle, ... on 29 March, 1965
"7. A mere reading of various provisions of the Act and rules
set out above unmistakably show that SGPC is a creation of
the statute and Service Rules framed by it in exercise of its
statutory power have force of law. Any violation of the
provision of the Act and the Rules will certainly make SGPC
amenable to writ jurisdiction of the High Court under Article
226 of the Constitution. We do not find any basis for the
SGPC to contend that no writ can be issued against it even if
its action is contrary to the provision of law and the Rules
framed thereunder. SGPC is a creation of the statute. It has to
act within the four corners of the law constituting it and the
rules framed by it under the powers conferred upon it under
the Act. We do not think any discussion is needed to dispel
this argument by the SGPC that it is immune from the writ
jurisdiction of the High Court. Language of Article 226 does
not admit of any limitation on the powers of the High Court
for the exercise of its jurisdiction thereunder. Subba Rao, J. in
Dwarkanath v. ITO (1965 (3) SCR 536) said that Article 226
"is couched in comprehensive phraseology and it ex facie
Dass Ghanshyam
2013.11.26 15:57
I am the author of this
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high court chandigarh
C.W.P. No.18333 of 2001 -3-
confers a wide power on the High Court to reach injustice
wherever it is found. The Constitution designedly used a wide
language in describing the nature of the power, the purpose
for which and the person or authority against whom it can be
exercised."
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