Legal Question in Constitutional Law in India
can article 227 of the constitution be barred by limitation? are there any other bars to this article? in how much time can an appeal be filed under this article?
5 Answers from Attorneys
Period of limitation does not apply to the proceedings u/a 227 of the Constitution, however, courts itself imposes self restrain jurisdiction to entertain petitions which are highly delayed. However then ti depends upon the facts of the case and the court entertaining the petition.
There is no remedy of "appeal" under Article 227. The writs under Article 226/227 may be barred by the principle of "delay and latches" and not barred by limitation.
The other bar to the remedy under 226/227 may be availability of an "alternative remedy".
There is no period of limitation. Delay and latches depend upon the facts of each case.
No limitation of time but should be reasonable in the eyes of law.
You may engage any local lawyer for this purpose, else one single mistake can create a problem coz usually there r chances of fraud in selling and buying and your local counsel will conferm the same and also guide you properly.
Also I have following points in my mind regarding our case.
Your further clarification is welcome at nominal consultation fee;
KAMAL GROVER,
Advocate (Chandigarh, India)
M: 09814110005
e-mail: [email protected]
Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality in India. Rest you may get only guidance and can engage any local lawyer plz..
Regards and good luck
Usually Article 227 is resorted to in the absence or in preference to a regular appeal or revision and High Court will not entertain a petition unless the party is within reasonable time.
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