Court : Mumbai
Decided on : Mar-16-2009
Reported in : 2009(3)BomCR719; 2009(4)BomLR1451; 2009(2)MhLj925; 2009(3)AllMR40
..... in the petition the petitioner had alleged that the order of the tribunal was arbitrary, unreasonable, unjust and perverse, the writ petition was maintainable under article 226 of the constitution of india and consequently the letters patent appeal was maintainable. considering the facts in shahu shikshan prasarak mandal's case, the apex court held that since not only the petition was filed ..... under articles 226 and 227 of the constitution of india but it was also averred that the order passed by the tribunal was arbitrary, unreasonable, unjust and perverse, the petition filed under article 226 was maintainable. in writ ..... for respondent no. 3 at the outset submitted that the letters patent appeal is not maintainable since the petition filed by the appellant was maintainable under article 227 of the constitution of india in exercise of supervisory jurisdiction since the petition was not filed for enforcement of any fundamental right. in support of this submission, the learned counsel relied upon the judgment ..... under section 55b has lapsed..)(c) is an undischarged insolvent; or(d) is of unsound mind and stands so declared by a competent court; or(e) has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance or adherence to a foreign state; or(f) is a judge; or(g) is a subordinate officer or servant .....Tag this Judgment!