Constitution of India, 1950, Article 226, 227 -- Disputed questions of facts - Writ Jurisdiction - Writ petition for certiorari for quashing proceedings/resolution of meeting - Challenge on the ground of non service, false service report and co-opted member not representative of weaker section of society - Grounds of challenge disputed questions of fact - Cannot be gone..........
Constitution of India, 1950, Article 32 -- Writ of Certiorari and / or Mandamus for quashing Session Trial u/s 366 and 368 IPC - Petitioner got married against wishes of her parents - Parents of girl opposed to intercaste marriage - Got registered F.I.R. against husband and his family members - A major woman is free to marry or live with anyone she likes - No bar to an..........
Constitution of India, 1950, Article 226, 227 -- Dispute between private parties - Lease agreement between Trust and Company - Cancelled - Writ of certiorari for quashing cancellation - Dispute between Trust & Company - Cannot be raised in extraordinary writ jurisdiction - Trust to approach Civil Courts...........
Constitution of India, 1950, Article 226, 227 -- Writ of Certiorari - Scope of interference - Where findings are based on no evidence or are such that no reasonable man in facts and circumstances of the case would record such a finding - Certiorari jurisdiction can be invoked...........
Civil Procedure Code, 1908, Section 115 -- As Amended - Amendment of S.115 - Impact on power of High Court under Articles 226 and 227 Constitution of India - Interlocutory orders passed by Courts subordinate to the High Court - Remedy of revision against such orders excluded by amendment in CPC - However, such orders are open to challenge in certiorari and supervisory..........
Constitution of India, 1950, Article 226 -- Writ of certiorari - Scope - An error apparent on face of record can be corrected by certiorari - However, certiorari jurisdiction is not to be exercised as a matter of course...........
Constitution of India, 1950, Article 226, 227 -- Difference between writ of certiorari and supervisory jurisdiction - Power under Art. 227 is wider than the one conferred on High Court by Art. 226 - However, distinction between two jurisdictions is obliterated in practice...........
Civil Procedure Code, 1908, Section 115(1) -- Proviso as inserted by Amendment Act 46 of 1999 w.e.f. 1.7.2002 - Interlocutory orders passed by Courts subordinate to High Court against which remedy of revision excluded by CPC Amendment Act 46 of 1999 - Open to challenge in- and continue to be subject to certiorari and supervisory jurisdiction of High Court - Amendment by..........
Constitution of India, 1950, Article 227 -- Power of superintendence conferred on High Court - Administrative as well as judicial - Capable of being invoked at the instance of any person aggrieved - May even be exercised suo motu - Paramount consideration - Paving the path of justice and removing any obstacles therein - Power under Article 227 wider than that under Article..........
Constitution of India, 1950, Article 226, 227 -- Power to issue writ of certiorari and supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where judicial conscience of High Court dictates it to act lest a gross failure of justice or grave injustice should occasion - Care, caution and circumspection need to be exercised, when any of the..........
