AIR 1954 SUPREME COURT 207

Supreme Court Of India

(From Punjab : AIR 1951 Punjab 74)

Hon'ble Judge(s): Mehr Chand Mahajan, B. K. Mukherjea, S. R. Das, Vivian Bose, Ghulam Hasan , JJJ

(A) Constitution of India , Art.226— Jurisdiction of Punjab High Court to issue writ to Investigation Commission at Delhi investigating case of assesses in State of U. P. AIR 1951 Punj 74, Reversed. Taxation on Income (Investigation Commission) Act (30 of 1947) , S.5— While Article 225 of the Constitution preserves to the existing High Courts the powers and jurisdictions which they had previously, Article 226 confers, on all the High Courts new and very wide powers in the matter of issuing writs which they never possessed before. There are only two limitations placed upon the exercise of these powers by a High Court under Article 226 of the Constitution; one is that the power is to be exercised "throughout the territories in relation to which it exercises jurisdiction", that is to say, the writs issued by the Court cannot run beyond the territories subject to its jurisdiction. The other limitation is that the person or authority to whom the High Court is empowered to issue writs "must be within those territories" and this implies that they must be amenable to its jurisdiction either by residence or location within those territories. It is with reference to these two conditions thus mentioned that the jurisdiction of the High Court to issue writs under Article 226 of the Constitution is to be determined.(Para 3) T....