M.C.D vs Asscn.,Victims Of Uphaar Tragedy & Ors on 13 October, 2011
known treatise, 'Administrative Law', makes it clear that while a public duty is enforceable by the public law remedy of a writ ... wrong, but also between a public law remedy and private law remedy. Article 226 is pre-eminently a public law remedy and is not, generally
cases decided by the Public Law Courts like High Court and Supreme Court where compensation was awarded in public law for violation of basic human ... complained in ordinary law which can be duly compensated else where even if it involves violation of fundamental rights, public law remedy of compensating violation
cases decided by the Public Law Courts like High Courts and Supreme Court where compensation was awarded in public law for violation of basic human ... agencies which are not authorised under law are Constitutional Torts.
(ii) Awarding of compensation is public law remedy and available in a claim for deprivation
agencies which are
not authorized under law are Constitutional Torts.
(ii) Awarding of compensation is public law
remedy and available in a claim for deprivation ... fundamental rights or the
enforcement of public duties, the remedy would
still be available under the public law
notwithstanding that a suit could be filed
ought not have exercised its jurisdiction under Article
226 as a public law remedy for awarding compensation (for
an alleged breach of “Right to Property ... maintain
the law and order situation and there was a failure, the High
Court is justified in invoking the ‘public law remedy’ as such
negligence
The Tata Power Company Limited Through ... vs Jharkhand Urja Vikas Nigam Limited ... on 19 November
K.Jayaraman vs The District Collector on 28 July, 2017
Author: R.Suresh Kumar
Bench
Constitution is not excluded altogether in a contractual
matter. A public law remedy is available for enforcing legal
rights subject to well-settled parameters ... decided from case to case as to
whether recourse to a public law remedy can justifiably be
invoked. The jurisdiction under Article 226 was rightly
come within the zone of a public
law cause of action and is amenable to public law remedy of judicial
review, invested with this Court ... would be eminently and substantially a public law cause of action and
therefore, amenable to public law remedy by way of judicial review