Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1954

Supreme Court of India · 1954-01-22

K.S. RASHID AND SON vs THE INCOME-TAX INVESTIGATION COMMISSION, ETC.(With connec

Citation / case number
SC 1952/31
Court
Supreme Court of India
Petitioner
K.S. RASHID AND SON
Respondent
THE INCOME-TAX INVESTIGATION COMMISSION, ETC.(With connec
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM

Judgment text excerpt

The Supreme Court ruled that the Punjab High Court has jurisdiction under Article 226 of the Constitution to issue writs to the Income-tax Investigation Commission in Delhi, even when the petitioners were assessees in U.P. The Court emphasized that Article 226 grants High Courts wide powers to issue writs, limited only by territorial jurisdiction and the amenability of the authority to the court's jurisdiction. The remedy under Article 226 is discretionary, allowing the High Court to refuse relief if adequate alternatives exist. The appeals were dismissed, affirming the High Court's decision.

K.S. RASHID AND SON vs THE INCOME-TAX INVESTIGATION COMMISSION, ETC.(With connec · Niyam