...firstly the order dated 28.6.2023 passed by the sixth respondent institution is not only illegal but it is in excess of jurisdiction or authority particularly in view of the fact that at the time ...the District Inspector of Schools shall be approving authority in that regard. He further submits that he does not dispute the judgements relied upon by the learned counsel for the writ petitioner...that the order which is being subject matter of challenge is only a proposal which have been sent to the Competent Authority for approval however he submits that the wake of the serious and grave...

...or even illegally, but in the case of the latter, a writ of certiorari is issued to quash the order of a tribunal which is ordinarily outside the appellate or revisional jurisdiction of t...affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the King's Bench Division exerci...that the High Court in exercising its jurisdiction shall also act judicially in disposing of the proceedings before it. It is implicit in such a proceeding that a tribunal or authority which is...

...jurisprudence, accordingly corrigendum dated 24.08.2009 amounts to an action which has been taken in excess of jurisdiction or authority and therefore untenable. 6. In the Counter Repl...under Article 309 of the Constitution or the Disciplinary Authority may, of its own, provide such an opportunity. Where the Rules are in this regard silent and the Disciplinary...the delinquent to satisfactorily give reasons to persuade the disciplinary authority to agree with the conclusions reached by the inquiry officer. In the absence of any ground or reason in the show...

...that court or tribunal or authority to act in excess of its jurisdiction or contrary to law. Both certiorari and prohibition are employed for the control of inferior courts, trib...violation of the rights of a citizen by the State or statutory authority. In other words, it is a remedy in public law.”(emphasis supplied...and prohibition.—Certiorari lies to bring decisions of an inferior court, tribunal, public authority or any other body of persons before the High Court for review so that the court may determine whether...

...capriciously or in excess of its jurisdiction or that it committed any error apparent on the face of the record. In the application under Section 20(2), some of the employees claimed over...Appeals, Assam (1958) SCR 1240. The High Court will not review the discretion of the Authority judicially exercised, but it may interfere if the exercise of the discretion is capricious or perverse...overtime wages would be granted to them through the intervention of the inspectors and their superior officers. It is not shown that in condoning the delay the Authority acted arbitrarily or...

...employee is posted on a transferable post, he cannot grouse his transfer order by the competent authority provided the transfer is not malafide or in excess or lack of jurisdiction or pas...at Arindarpora. However, all these matters ought to be addressed to the employer (competent authority) and not to this court. In the event of the petitioner making rep­resentation, the Competent...authority it is hoped would consider the matter and take appropriate action. Unpaid/undisbursed salary, if any, due to the petitioner shall also be disbursed in accordance with the ap­plicable rules. 7. Disposed of....

...evidence, as well as arriving at a conclusion without any supporting evidence. Such a writ can be issued when there is an error in jurisdiction or authority whose order is to be reviewed has acted without ...administrative power which limits the jurisdiction of the authority to apply its mind to see whether the proposed award is acceptable to the Government or not...jurisdiction or has failed to act. While issuing the writ of certiorari, the order under challenge should not undergo scrutiny of an appellate court. It is...

...a notice issued by a Tribunal or authority threatening to initiate proceedings prejudicial to a person is in excess of jurisdiction, the Tribunal or Authority can be prohibited from furth...placed on Universal Cables Ltd. v. Union of India [1978 (2) E.L.T. (J 632)] wherein it has been observed that if a notice issued by a Tribunal or authority threatening to initiate proceedin...tribunal from exceeding its jurisdiction or even from assuming a jurisdiction which does not vest in it under law. In deciding the question whether a writ of prohibition should be issued or not, the...

...rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the King's Bench Division exercised in these w...latter, a writ of certiorari is issued to quash the order of a tribunal which is ordinarily outside the appellate or revisional jurisdiction of the court and the order is set aside on the ground that the t...jurisdiction whether against the tribunal or inferior court or administrative authority.(iv) The power exercised under Article 226 of the Constitution is...

...matter in the way it did did not act either without jurisdiction or in excess of its authority, nor was there any error apparent on the face of the proceedings which could justify the issuing ...) : " Whenever any body or persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially act in excess of...law-Absence or excess of jurisdiction. HEADNOTE: The issue of prerogative writs in the nature of habeas corpus, mandamus, quo warrantto, prohibition and...

..., the petitioner is free to raise all objections, including that of lack of jurisdiction or excess of jurisdiction, before the said authority and needs to approach this Court onl...A.K. Jayasankaran Nambiar, J.:— The challenge in this writ petition is against Exts.P5 to P7 revised penalty notices that have been issued to the petitioner, proposing the imposition of...penalty under the Kerala Value Added Tax Act. It is the case of the petitioner that while he has filed objections to the said notices before the 1 respondent, the 1 respondent has indicated that...

...order is passed by an authority in excess of jurisdiction or there is a manifest error of law apparent on the face of the records. The principal question that was canvassed before the Dep...proceedings. That being the position there is no error of law in the order of Deputy Director (Consolidation) nor is there any excess of jurisdiction committed by him in disposing of the matter as...Section 9(2) objection may be lodged by any person to whom notice has been sent or by any other person interested within 21 days of receipt of the notice or of the publication of the notice under ...

...jurisdiction or in excess of it or in violation of the principles of natural justice. Want of jurisdiction may arise from the nature of the subject-matter, so t...do not seem to be questions which bear upon the jurisdiction of the court of appeal, or its authority to entertain them.14. It was contended that no court of limited...meaning of Section 24 of the Ordinance and was not entitled to appeal against the said order and inasmuch as no appeal lay at his instance, the respondent had no jurisdiction to entertain it or make...

..., “it is a true annulment, an annulment with retroactive force”.11. Even so, the dilemma of the petitioner is, if an authority in excess or error of ...? Decisions are legion where the conditions for the exercise of power have been contravened and the order treated as void. And when there is excess or error of jurisdiction the end product is a semblance...remove himself outside the area within the local limits of his jurisdiction (or such area and any district or districts, or any part thereof, contiguous thereto) by such route and within such time as...

...deceased coming to their hands).(C) The learned single Judge erred in ignoring that the award was in excess of jurisdiction or authority of the arbitrator inasmuch as he has exercise...notwithstanding that by reason of the amount of the claim or for another reason, the suit or proceeding would not, but for this provision, be within its jurisdiction.—(a) in Greater...are situate or, if there is no such Civil Judge the Court of the Civil Judge (Senior Division) having ordinary jurisdiction,shall have jurisdiction to entertain and try any suit or...

...wrongly or even illegally, but in the case of the latter, a writ of certiorari is issued to quash the order of a tribunal which is ordinarily outside the appellate or revisional jurisdiction ...cannot ignore or challenge the decision of the appellate authority. Challenge, if any, can be made by other aggrieved person or authorities; but not by the Tribunal. If he cannot challenge the decision...in a writ proceeding. But there is an essential distinction between an appeal against a decree of a subordinate court and a writ of certiorari to quash the order of a tribunal or authority; in the...

...gain as income from other sources under Section 56 of the Income Tax Act (“Act”) in contravention of the evidence available on record and in colourable exercise of power, as well as in excess of ...Sanjay Karol, C.J.:— Heard learned counsel for the parties. 2. Petitioners have prayed for following reliefs:— i) For issuance of a writ of certiorari or...any other appropriate writ(s), order(s) or direction(s) quashing notice dated 16.03.2022 (“impugned notice”) issued by the Respondent No. 1 refusing/denying opportunity of hearing in course of...

.... Mills - AIR 1971 SC 2039, this court held that it is settled law that if a notice issued by the Tribunal or Authority threatening to initiate proceedings prejudicial to a person is in excess ...or not would depend on circumstances of each case and no cut and dry formula can be set out in exercise of discretion whether to entertain a petition or not, which can be universally applied to all...Tribunal or Authority can be prohibited from further proceeding in the matter under...

...Article 227 of the Constitution of India is maintainable against the Rent Control Appellate Authority or the Rent Control Court onl...authority cannot be accused of having acted in excess of its jurisdiction or have committed any grave illegality or irregularity. We, therefore, are not inclined to entertain this OP....Rent Control Appellate Authority, Kollam. That appeal was filed with an application to condone delay of 1789 days and also I.A to stay further proceedings in the execution petition filed to execute the...