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1 - 5 of 5 (0.27 seconds)Article 226 in Constitution of India [Constitution]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
Article 227 in Constitution of India [Constitution]
Dilavarsinh Khodubha vs State Of Gujarat And Ors. on 19 August, 1994
11. Relying upon a decision of Full Bench of this Court in Dilavarsinh Khodubha v. State of Gujarat, 1995 (1) GLR 110, Ms. Shah contended that after considering leading decisions on the point, the Full Bench observed that, if a prayer is made for issuance of any writ, direction or order, such prayer can only be granted in exercise of power under Article 226 of the Constitution and not under Article 227 of the Constitution. The Full Bench, in paras 12 and 13 observed that a writ of certiorari might have been prayed by a petitioner against an order of a Tribunal or any other adjudicatory body. Such a power could be exercised by the High Court only under Article 226 of the Constitution. Article 227 of the Constitution does not talk of any writ in the nature of writ of habeas corpus, mandamus, etc. It only speaks of power of superintendence over subordinate Courts and inferior Tribunals. In the instant case, a writ was sought which could only be issued in exercise of powers under Article 226 of the Constitution.
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