Landmark Judgment
Abhisshek Sinha
Director of Sales (US, Europe, APAC) | Driving global growth through tech-based solution | Product Engineering | PaaS | Automation | AI & ML | Enterprise | HRTech | FinTech | IT | Software | SaaS
Landmark Judgment:
1. The Supreme Court has held that when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation. It further held that once, the High Court entertains a petition under Article 226 against the order of Armed Forces Tribunal and decides the matter, the person who thus approached the High Court, is precluded from filing an appeal against the order of the Armed Forces Tribunal as he cannot challenge the order passed by the High Court under Article 226 thereby leading to an anomalous situation [Union of India & Ors Vs. Major General Shri Kant Sharma & Anr LNIND 2015 SC 155]
2. The Supreme Court has held that when a tribunal refuses to initiate contempt proceedings, the aggrieved person has remedy only under Article 136 and not under Article 226/227 of the Constitution. Sujitendra Nath Singh Roy Vs. State of West Bengal & Ors LNIND 2015 SC 162]
Have a wonderful day!!
Regards,
Abhishek Sinha
National Segment Manager
LexisNexis India
Mumbai, India
E: [email protected]