Mam, if a high court set asides any central govt act under 226, would it be applicable for all over India? And other high courts are bound by it? Would that central act is still applicable in other states of the country or not after the invalidation of the High court?
Madem ji namaskar mera ek case tha bilkul dead hai kya usme Jaan Dali ja saqti hai,hai bahut genuine sb kuch favour mai hai but time period bahut ho gaya hai
Yes , The area of law is slightly blurry here . 1. Firstly, the Forty-second Amendment Act, 1976 had inserted Article 226A in the Constitution: constitutional validity of central laws not to be considered in proceedings under Article 226. The same was repealed by the Forty-third Amendment Act, 1977. 2. However , the problem that arises over here is that A high court’s decision cannot be binding upon other high courts, at the most it could have persuasive significance, i.e. it can be considered by another high court while making a decision but it is not mandated to follow it. 3. Hence, the efficacy of letting a high court decide upon constitutional validity of a central law remains questionable and puts uniformity of law in the “Union of India” in danger. It might have to be ultimately decided by the Supreme Court, which means the litigator would rather approach the Supreme Court first, to get a final and binding judgment. 4. For example in 2020 SC refused to entertain a plea challenging the constitutional validity of the Epidemic Act and questioned the petitioner as to why he has not moved the high court on the issue. The apex court said high courts have all the power to strike down Central Acts, like the Epidemic Act, and the petitioner should go there first Hope this helps !
Mam, mere upar jamin se related mar 147/149/323/341/504/506 Cass court me pending hai. Mera selection bsf me huya hai. But bsf wale mera joining rok diye hain .. main kya krun??
Yess , Yess Can you please elaborate about the case ? All I can understand is BSF has stopped your joining as land related case is pending against you ? Kindly give more details .
So , With respect to civil cases there are scenarios whereby one can enforce the right of Mandamus and restore the employment. However , in case a criminal case is pending in court, recruitment authorities take a slightly strict view on that and have often held that person can be denied the government job pending the criminal cases and sometimes even after that. You can Ref to State of West Bengal and Ors. v. SK Nazrul Islam (2011) (SC) judgment.
In general court accepts PIL in any format letter or applications directly. However , in writ petitions like mandamus there is a specific procedure and format to be followed . To answer your query kindly tell me :- Which high court are you looking at specifically?
@@lawpedia5673 I will not be able to tell you the comment..can you call me...and I will get your big help...if you feel comfortable calling..then pls call 7696729605. Or share me your nbr.
You have done an amazing job. Please upload a lot more.
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So glad the video was helpful!
Surely, creating more content 🌱
Mam, if a high court set asides any central govt act under 226, would it be applicable for all over India? And other high courts are bound by it? Would that central act is still applicable in other states of the country or not after the invalidation of the High court?
Thank you 💞💞
Can we initiate disciplinary proceedings against public servant under226
What is the territorial Jurisdiction to issue Writs by High Court
Madem ji very nice Thankyou
Madem ji namaskar mera ek case tha bilkul dead hai kya usme Jaan Dali ja saqti hai,hai bahut genuine sb kuch favour mai hai but time period bahut ho gaya hai
Can highcourt reject state administrative tribunal's judgement under article 226 ?
Mam...
Stage of case-orders on IAs ka kya matlab hota hai...
समाधान करेंगे?
Hiii ,
Can you please rephrase your question?
Thank you !
Well drafted and explained 🙌
Thank youuu!!! ⭐️
So glad the video was helpful!!
If hc rejected or unlawful the ncte guidelines of teacher ability,,,,,,,,,is ncte can get relax in supreme court
Hi ,
Can you please rephrase your question.
So comprehensive!!
Glad it was helpful !! 😇
Excellent lecture maam thanks a lot
Thank youu!!!
Glad the video was helpful ⭐️
Can the HCs invalidate the central acts under 226?
Yes ,
The area of law is slightly blurry here .
1. Firstly, the Forty-second Amendment Act, 1976 had inserted Article 226A in the Constitution: constitutional validity of central laws not to be considered in proceedings under Article 226. The same was repealed by the Forty-third Amendment Act, 1977.
2. However , the problem that arises over here is that A high court’s decision cannot be binding upon other high courts, at the most it could have persuasive significance, i.e. it can be considered by another high court while making a decision but it is not mandated to follow it.
3. Hence, the efficacy of letting a high court decide upon constitutional validity of a central law remains questionable and puts uniformity of law in the “Union of India” in danger. It might have to be ultimately decided by the Supreme Court, which means the litigator would rather approach the Supreme Court first, to get a final and binding judgment.
4. For example in 2020 SC refused to entertain a plea challenging the constitutional validity of the Epidemic Act and questioned the petitioner as to why he has not moved the high court on the issue. The apex court said high courts have all the power to strike down Central Acts, like the Epidemic Act, and the petitioner should go there first
Hope this helps !
@@lawpedia5673 Thanks a lot.
Mam, mere upar jamin se related mar 147/149/323/341/504/506
Cass court me pending hai.
Mera selection bsf me huya hai.
But bsf wale mera joining rok diye hain .. main kya krun??
Hii ,
Can you please elaborate?
What is your case exactly about ?
I can’t understand the first 2 lines ?
Thanks !!
Yess , Yess
Can you please elaborate about the case ?
All I can understand is BSF has stopped your joining as land related case is pending against you ?
Kindly give more details .
Yess ,
Noted
Just give me today !
I’ll get back to you tomorrow.
Don’t worry
So ,
With respect to civil cases there are scenarios whereby one can enforce the right of Mandamus and restore the employment. However , in case a criminal case is pending in court, recruitment authorities take a slightly strict view on that and have often held that person can be denied the government job pending the criminal cases and sometimes even after that.
You can Ref to State of West Bengal and Ors. v. SK Nazrul Islam (2011) (SC) judgment.
@@lawpedia5673but, mam kuchh to solution hogi na??
Mera case ka decision hone me 2year ka time lag ja raha hai...
thank you
Glad it was helpful!!
Thank youu✨
mam can you help me please regarding Article 226..
Yess , Yess
Please tell me your questions.
Can the HCs invalidate central acts under article 226?
@@lawpedia5673 we can post simple application mandamus article 226 to the high court.
In general court accepts PIL in any format letter or applications directly.
However , in writ petitions like mandamus there is a specific procedure and format to be followed .
To answer your query kindly tell me :-
Which high court are you looking at specifically?
@@lawpedia5673 I will not be able to tell you the comment..can you call me...and I will get your big help...if you feel comfortable calling..then pls call 7696729605. Or share me your nbr.
Please ap apna mail id bata dijiye.. Mujhe kuchh padane ke sandarbh me apse baat karni hai apse
Yess sure !
You can reach out to us at - lawpedia33.blogspot.com/?m=1
I don't understand 🥴🥴🥴
Please ask your question?
Itna muhh Bana ke kyo padha rhi mam samj nhi aa rha aise simple he boliea😢
Apologies if you couldn’t understand, please ask whatever your doubt is.
Complete waste of time
Hey talk in English nothing understand
Hey ,
Sure!!
The audience is mixed so , I try to incorporate the best of both the worlds .