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ARTICLE · 13 OCTOBER 2023

Article 226 And Section 482- Choice Of Remedy?

Indian jurisprudence has long been dedicated to maintaining a balance between individual rights, leading to the development of a multitude of laws. Section 482 of the Code of Criminal Procedure...

IndiaLitigation, Mediation & Arbitration

Indian jurisprudence has long been dedicated to maintaining a balance between individual rights, leading to the development of a multitude of laws. Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution of India, 1949, are pivotal legal provisions conferring authority upon the High Courts to ensure justice and enforce orders. While both serve a similar objective, they exhibit distinct applications. This article thoroughly explores the nuanced scenarios where they should be used separately rather than interchangeably. It provides an exhaustive analysis of their scope, constraints, and an informed choice of remedy, emphasizing the need for judicious exercise of these powers within the Indian legal framework.

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