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october 1951

Supreme Court of India · 1951-10-25

THE STATE OF ORISSA vs MADAN GOPAL RUNGTA.THE STATE OF ORISSAV.ARJUN LADHA.THE ST

Citation / case number
SC 1951/77
Court
Supreme Court of India
Petitioner
THE STATE OF ORISSA
Respondent
MADAN GOPAL RUNGTA.THE STATE OF ORISSAV.ARJUN LADHA.THE ST
Bench
KANIA, HIRALAL J. (CJ),SASTRI, M. PATANJALI,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court ruled that the High Court cannot issue directions under Article 226 of the Constitution solely for granting interim relief pending the institution of a civil suit, particularly when the suit cannot be filed until after the notice period under Section 80 of the Civil Procedure Code. The Court emphasized that the existence of a right is essential for exercising jurisdiction under Article 226, and interim relief must be ancillary to the main relief sought in a suit. Consequently, the appeals were dismissed, affirming the High Court's decision.

THE STATE OF ORISSA vs MADAN GOPAL RUNGTA.THE STATE OF ORISSAV.ARJUN LADHA.THE ST · Niyam