Writ Jurisdiction Not For Deciding ‘Hotly Disputed Questions Of Facts’, Reiterates Supreme Court
Case: Shubas Jain vs. Rajeshwari Shivam
Coram: Justices Indira Banerjee and V. Ramasubramanian
Case No: [CA 2848 OF 2021]
Court Observation: “It is well settled that the High Court exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, does not adjudicate hotly disputed questions of facts. It is not for the High Court to make a comparative assessment of conflicting technical reports and decide which one is acceptable.”
When you will read the order you will find that the leave has been granted. The appeal is allowed for the reasons discussed in the signed non-reportable judgment. The impugned final judgment and order is set aside and the writ petition is dismissed.
All interim orders stand vacated. Pending applications, if any, stand disposed of accordingly.
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Previous Judgments
Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court – Directly Download Judgment
Power Of Compounding Must Be Expressly Conferred By Statute Which Creates Offence: Supreme Court – Directly Download Judgment
God Will Forgive Us If Religious Institutions Are Affected By National Highway Development: Kerala High Court – Directly Download Judgment
Keywords
Writ jurisdiction, High Court, Article 226, Questions Of Facts
