jurisdiction under Articles 226 and 227 of the Constitution of India to circumvent the power. While elaborating this point, the view expressed by the Supreme ... possible for the Court to use Section 482 of the Code to circumvent the bar.
6.3 In State of Orissa v. Ram Chander Agarwala
under Art. 227 ,
since the power of superintendence was not meant to
circumvent statutory law. By the 42nd. Amendment Act, clause
(5) was added ... therefore, effectively attracted and the
bar could not be circumvented by the subterfuge of treating
the revision application as directed against the Session
Judge
Criminal Procedure Code. The writ jurisdiction cannot be used to circumvent the express bar put by the statute. He finally contended that the claim ... Constitution. What is prohibited specifically cannot be circumvented by the subterfuge device of taking resort to the aforesaid provisions.
26. In support of this contention
Code of Criminal Procedure . However, it appears that in order to circumvent the said obstacle as provided by the Code of Criminal Procedure resort ... What cannot be done directly cannot also be done indirectly. To circumvent a bar specifically imposed under the Code of Criminal Procedure resort
Asian Resurfacing Of Road Agency P. Ltd. vs Central Bureau Of Investigation on 28 March
therefore, effectively attracted and the bar could not be circumvented by the subterfuge of treating the revision application as directed against the Session Judge ... Constitution, since the power of Superintendence was not meant to circumvent statutory law. In the third place it was doubtful if the High Court could
Constitution of India since the power of
superintendence was not meant to circumvent
statutory law. It is settled law that the jurisdiction
under Article
Puneet Sabharwal vs Central Bureau Of Investigation on 6 January, 2010
Author: V. K. Jain
available to the High Court to transfer cases meant the bypassing or
circumventing of statutory provisions empowering Magistrates to try
cases under Section
Constitution of India since the power of
superintendence was not meant to circumvent statutory law.
It is settled law that the jurisdiction under Article ... 2010 alongwith connected matters Page 36 of 45
circumvented. The impugned order also led to a very peculiar situation where
under Section 34 of POTA
