9911796707
|
Home
Issues: Petitioner seeking installment fixation by High Court under Article 226 of the Constitution.
Analysis: The judgment by the Allahabad High Court, delivered by Justices M. Katju and R. Tripathi, addresses the issue of whether the High Court has the power to fix installments for a loan under Article 226 of the Constitution. The petitioner had taken a loan and requested the Court to fix installments. The Court noted that the power to fix installments or grant one-time settlement lies with the Bank or Financial Institution that granted the loan, not with the High Court. Fixing installments is considered as rescheduling the loan, a contractual matter beyond the High Court's writ jurisdiction. The Court emphasized that the High Court cannot interfere with contractual matters and should exercise judicial restraint in such cases. Furthermore, the judgment highlights the limitations on the power of the High Court to issue writs under Article 226 of the Constitution. While Article 226 seemingly grants wide powers to issue writs for any purpose, the Court clarified that there are well-established limitations. The Court cited examples such as not issuing writs for granting divorces or enforcing contracts between private parties. The interpretation of Article 226 is based on traditional principles followed by British Courts, where writs were issued for specific purposes like correcting errors of law or enforcing legal rights or duties. Moreover, the judgment explains that Article 226 allows writs to be issued to specific entities and for particular purposes based on judicial interpretation. Writs, except habeas corpus, are generally issued to the State or its instrumentalities, not to private individuals. The Court referred to previous cases to support this interpretation. The judgment emphasizes the importance of adhering to established principles when issuing writs and maintaining a restricted interpretation of Article 226. In conclusion, the Allahabad High Court dismissed the petitioner's request to fix installments, stating that the High Court lacks the authority to do so under Article 226. However, if the petitioner had deposited any amount with the Bank, it should be adjusted accordingly. The judgment underscores the need for the High Court to respect the boundaries of its jurisdiction and refrain from intervening in contractual matters that fall outside its purview.
|
