Court in the case of Surya Dev Rai (supra), between Article 226 and Article 227 of the Constitution of India. Their Lordships have specially drawn ... appellate, revisional or corrective jurisdiction. The powers exercised under Article 226 and Article 227 of the Constitution, as has been held in Surya
appellate, revisional or corrective
jurisdiction. The powers exercised under Article 226 and Article
227 of the Constitution, as has been held in Surya ... High Court for issuance of certain writ under Article 226 ,
although Article 227 is also mentioned, and principally the
judgment appealed against falls under Article
Even when in the cause title of an application both Article 226 and Article 227 of the Constitution have been mentioned, the learned Single Judge ... Articles, it is apparent that by Article 226 , the Constitution provides writ against any person or authority or Government, while by Article 227 , the Constitution
Section 122 , C.P.C. In virtue of the provisions of Articles 227(2)(b) and 372 of the Constitution, not only existing Rules made ... found in Section 122 et. seq., C.P.C . and Article 227(2)(b) of the Constitution. As per Section 123 , C.P.C. constitution
excludes courts martial from the operation of the Article. It is as follows :--
" Article 227(4).-- Nothing in this article shall be deemed ... Tribunal in exercise of prerogative powers under Article 226 of the Constitution, although as per Article 227(4) of the Constitution, that Tribunal
under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India, is the question for determination in this ... Civil Revision or for that matter in a writ petition under Article 227 of the Constitution of India, while the opinion of the Bench
Section 115 of the Civil Procedure Code or a petition under Article 227 of the Constitution of India. In view of the judgment ... award in exercise of its power of Superintendence under Article 227 of the Constitution.
4. Learned Counsel for the Insurance Company submitted that the Motor
order of
Registrar was dismissed by purported exercise of
power under Article 227 of the Constitution.
Since the Registrar is not a "Court ... question
of exercising jurisdiction under Article 227 of
Constitution against its order does not arise.
Thus, writ appeal is maintainable.
Choice of Fora - The impugned
distinction in the two articles has been noted. In view thereof,
observation that scope of Article 226 and 227 was obliterated was
not correct ... learned Single Judge
has exercised the jurisdiction under Article 226 or
under Article 227 or both, needless to emphasise,
would depend upon various aspects that
formulated:
(a) A petition under Article 226 of
the Constitution is different from a petition under Article 227.
The mode of exercise of power ... High Court
under these two Articles is also different.
(b) In any event, a petition under Article 227 cannot
be called a writ petition
