Supreme Court · 2006 INSC 215 · Decided 5 April 2006
Narinder Mohan Arya v. United India Insurance CO. LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 215 · [2006] 3 S.C.R. 932
- Case number
- CIVIL APPEAL No. 7645/2004
- Decided
- 5 April 2006
- Bench
- S.B. SINHA, DALVEER BHANDARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9; Constitution Article 226
Headnote
Constitution of India, 1950: Article 226-Disciplinary proceedings and consequential orders- C Judicial review of-Held, power of judicial review would not be refused to be exercised by High Court although despite it would be lawful to do so-­ Writ court would bear in mind distinction between Inquiry Officer cannot base his findings on mere hypothesis-Discussion on D material available on record for purpose of applying legal principles was imperative, which High Court failed to do. Code of Civil Procedure, 1908: Section 9-Suit challenging findings arrived at disciplinary
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