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Const Memo SOJ

The document discusses the jurisdiction of High Courts in the country of Mirpur to issue certain writs under Article 226 of the Mirpur Constitution. It states that High Courts have the power to issue directions, orders or writs like habeas corpus, mandamus, prohibitions, quo warranto and certiorari for enforcing fundamental rights or for any other purpose. It also discusses the power of High Courts to issue interim orders on petitions and the requirement to furnish copies of such orders to the other party. Finally, it notes that the powers of High Courts under this article do not reduce the powers of the Supreme Court under Article 32 of the Mirpur Constitution.

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Uditanshu Misra
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62 views

Const Memo SOJ

The document discusses the jurisdiction of High Courts in the country of Mirpur to issue certain writs under Article 226 of the Mirpur Constitution. It states that High Courts have the power to issue directions, orders or writs like habeas corpus, mandamus, prohibitions, quo warranto and certiorari for enforcing fundamental rights or for any other purpose. It also discusses the power of High Courts to issue interim orders on petitions and the requirement to furnish copies of such orders to the other party. Finally, it notes that the powers of High Courts under this article do not reduce the powers of the Supreme Court under Article 32 of the Mirpur Constitution.

Uploaded by

Uditanshu Misra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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STATEMENT OF JURISDICTION

The Petitioner has the Honor to submit before the Hon’ble High Court, the memorandum to the
petition under Art. 226 of the Mirpur Constitution.

226. Power of High Courts to issue certain writs


(1)  Notwithstanding anything in Article 32 every High Court shall have powers, throughout the
territories in relation to which it exercise jurisdiction, to issue to any person or authority,
including in appropriate cases, any Government, within those territories directions, orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto
and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and
for any other purpose
(2)  The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government,
authority or person may also be exercised by any High Court exercising jurisdiction in relation
to the territories within which the cause of action, wholly or in part, arises for the exercise of
such power, notwithstanding that the seat of such Government or authority or the residence of
such person is not within those territories
(3)  Where any party against whom an interim order, whether by way of injunction or stay or in
any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ),
without
(a)  furnishing to such party copies of such petition and all documents in support of the plea for
such interim order; and
(b)  giving such party an opportunity of being heard, makes an application to the High Court for
the vacation of such order and furnishes a copy of such application to the party in whose favour
such order has been made or the counsel of such party, the High Court shall dispose of the
application within a period of two weeks from the date on which it is received or from the date
on which the copy of such application is so furnished, whichever is later, or where the High
Court is closed on the last day of that period, before the expiry of the next day afterwards on
which the High Court is open; and if the application is not so disposed of, the interim order
shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand
vacated
(4)  The power conferred on a High Court by this article shall not be in derogation of the power
conferred on the Supreme court by clause ( 2 ) of Article 32

The present memorandum sets forth the facts, contentions and arguments in the present case.

THE ABOVE LAWS OF THE COUNTRY OF MIRPUR ARE IN PARI MATERIA TO


THE LAWS OF COUNTRY OF INDIA

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