IMPORTANT JUDGMENTS THIS WEEK1. Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme CourtCase: Kiran Devi Vs. Bihar.
Share This - Nomenclature of the title of the petition filed before the High Court is immaterial.
The Supreme Court observed that a petition styled as one under Article 226 would not bar the High Court to exercise its jurisdiction which otherwise it possesses under a Statute and/or under Article 227 of the Constitution.
In this case, the appellant s contention was that the order of the Wakf Tribunal could not be challenged by way of writ petition before the High Court under Article 226 of the Constitution as only a revision in terms of proviso to sub-section (9) of Section 83 of the Wakf Act could be preferred.