Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India interim relief Art. 226 pending institution of civil suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, Art. 226--Writs granting mere interim relief pending institution of civil suit without deciding rights of parties-Legality The High Court cannot make a direction under Art. 226 of the Constitution for the purpose of granting interim relief only pending the institution of a suit merely because the suit could not be instituted until after the expiry of 60 days from the date of a notice under Sec. 80 of the Civil Procedure Code and in the meanwhile, unless .protected by the Court the applicant may suffer irreparable loss. Even though writs can be issued under Art. 226 for purposes other than the enforcement of fundamental rights, the concluding words of the article have to be read in the context of what precedes the same, and the existence of a right is the foundation of the exercise of jurisdiction of the Court under this article. An interim relief can be granted only in aid of, and as ancillary to, the main relief which may be available to the party on final determination of his rights in a suit or proceeding. |
Judge | Honble Mr. Justice Harilal Jekisundas Kania |
Neutral Citation | 1951 INSC 49 |
Petitioner | The State Of Orissa |
Respondent | Madan Gopal Rungta |
SCR | [1952] 1 S.C.R. 28 |
Judgement Date | 1951-10-25 |
Case Number | 300 |
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