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..........
Constitution of India, 1950, Article 226 -- Certiorari jurisdiction - Orders and proceedings of a judicial Court subordinate to High Court - Amenable to writ jurisdiction of High Court under Article 226 - Error apparent on face of record can be corrected by certiorari - In writ of certiorari High Court may quash the proceedings of the tribunal, authority or Court but may..........
Constitution of India, 1950, Article 226, 227 -- Broad general difference between two jurisdiction - (1) writ of certiorari is exercise of its original jurisdiction by High Court, exercise of supervisory jurisdiction is not original jurisdiction and in this sense is akin to appellate, revisional or corrective jurisdiction, (2) in supervisory jurisdiction High Court may not..........
Criminal Procedure Code, 1973, Section 97 -- Wife left matrimonial home and left children in the custody of husband - Wife filing application u/s 97 Cr.P.C. - No specific allegation against husband that he had by use of physical force taken children in his custody and retained them - Wife not deprived of the custody of the children - If at all wife desired she could have..........
Consumer Protection Act, 1986, Section 14 -- Jurisdiction - Electricity connection - Refusal to install of separate connection - Ground that other co-sharers have raised objection and a huge sum is lying outstanding due against service connection in respect of same plot - Held that dispute involved is purely a civil dispute requiring adjudication by a Civil Court - The..........
