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1 - 10 of 13 (0.32 seconds)Article 226 in Constitution of India [Constitution]
Section 69 in The Sikh Gurdwaras Act, 1925 [Entire Act]
Section 64 in The Sikh Gurdwaras Act, 1925 [Entire Act]
Section 42 in The Sikh Gurdwaras Act, 1925 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 132 in The Sikh Gurdwaras Act, 1925 [Entire Act]
Section 40 in The Sikh Gurdwaras Act, 1925 [Entire Act]
Dwarkanath, Hindu Undivided Family vs Income-Tax Officer, Special Circle, ... on 29 March, 1965
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
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 vs. ITO 1965 (3) SCR 536) said that Article 226
"is couched in comprehensive phraseology and it ex facie
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 who it
can be exercised."