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

december 2008

Supreme Court of India · 2008-12-19

MANGAJI LALAJI THAKOR vs AJAY H. PATEL .

Citation / case number
SC 2006/30042
Court
Supreme Court of India
Petitioner
MANGAJI LALAJI THAKOR
Respondent
AJAY H. PATEL .
Author
D.K. JAIN,R.M. LODHA, , ,
Bench
D.K. JAIN,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court clarified that the appeal against the order of the Single Judge was maintainable despite the Single Judge's reference to Article 227, as the substance of the petition was under Article 226 of the Constitution of India. The Court held that the Division Bench's conclusion was erroneous and emphasized the need for a correct interpretation of the jurisdiction exercised. Consequently, the appeal was allowed, the impugned order was set aside, and the matter was restored to the Division Bench for a decision on merits, with a request for expedited handling.

MANGAJI LALAJI THAKOR vs AJAY H. PATEL . · Niyam