7 judges constitution bench held that the Article 12 is inclusive but not exhaustive. Court further evaluated a test to ascertain the scope of “other authorities” under Article 12 as follows:
This is most crucial right among all the fundamental rights guaranteed under part III of the constitution. It confers original and exclusive jurisdiction of the Supreme court, thereby declaring the apex court as custodian of the fundamental rights, additionally this court has no more important function then to preserve the fundamental rights.
Whether an aggrieved person is entitled to any relief under article 32 against the final judgment of the apex court after dismissal of review petition?
whether an order passed by this Court can be corrected under its inherent powers after dismissal of the review petition on the ground that it was passed either without jurisdiction or in violation of the principles of natural justice or due to unfair procedure giving scope for bias which resulted in abuse of the process of the court or miscarriage of justice to an aggrieved person.
Power of supreme court and high court to invoke writ jurisdiction under article 32 and 226 respectively along with landmark judgments.
During the constituent assembly debate Dr. B. R. Ambedkar highlight that one particular of the constitution without which constitution will be nugatory is “Article 32 which is very soul and heart of constitution.
Whether the writ under article 226 of Constitution of India lie against the order of the civil court?
Whether the finding of the court in Surya devi Rai (supra) is correct?
Whether subject matter of the suit was within the scope of the arbitration agreement?
Whether appellant had filed first statement before filing of application under section 8 of the Act?
Whether application filed under section 8 should be dismissed as the same was filed 20 months after entering into suit?
Whether the subject matter of dispute is arbitrable?
Introduction: Present work will emphasize on what is contract, its essentials and who are competent to contract. Contract is the …
ISSUES BEFORE APEX COURT
i. Jurisdiction of court under section 34 of Arbitration & conciliation Act 1996?
ii. Whether court have the jurisdiction to set aside the award which is patently illegal as against the A & C Act, or any other substantive law, or against the terms of the contract?
Whether court can intervein the arbitral process under article 226 and 227 of the constitution of India to maintain the rule of “minimum judicial intervention?
Once the ruler area has been urbanized under the 1957 act what will be the impact of the same on the provision of DLR 1954 act?