9. 'Certiorari' may lie and is generally granted
when a court has acted without or in excess of its
jurisdiction. The want of jurisdiction may arise
from the nature of the subjectmatter of the pro
ceeding or from the absence of some preliminary
proceeding or the court itself may not be legally
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constituted or suffer from certain disability by
reason of extraneous circumstances, vide Hals
bury, 2 Edn., Vol IX, p. 880. When the jurisdiction
of the court depends upon the existence of some
collateral fact, it is well settled that the court can
not by a wrong decision of the fact give it jurisdic
tion which it would not otherwise possess, vide
Bunbury v. Fuller; R. v. Income Tax Special Pur
poses Commissioners.
The want of jurisdiction may arise from the nature of the
subject-matter of the proceeding or from the absence of
some preliminary proceeding or the court itself may not
be legally constituted or suffer from certain disability by
reason of extraneous circumstances [Vide Halsbury, 2 nd
Edn. Vol IX]. When the jurisdiction of the court depends
upon the existence of some collateral fact, it is well
settled that the court cannot by a wrong decision of the
fact give it jurisdiction which it would not otherwise
possess [Vide Banbury vs. Fuller, 9 Exch 111; R. v.
Income Tax Special Purposes Commissioners, 21 QBD
313].
(25 of 70) [CREF-1/2020]
(9) "Certiorari" may and is generally granted when a
court has acted without or in excess of its jurisdiction. The
want of jurisdiction may arise from the nature of the
subject matter of the proceeding or from the absence of
some preliminary proceeding or the court itself may not be
legally constituted or suffer from certain disability by
reason of extraneous circumstances, vide 'Halbury 2 nd
edition, Vol. IX, page 880. When the jurisdiction of the
court depends upon the existence of some collateral fact,
it is well settled that the court cannot by a wrong decision
of the fact give it jurisdiction, which it would not otherwise
posses. Vide -'Bunbury v. Fuller', (1854) 9 Ex. 111 (F):- R.
v. Income Tax Special Purposes Commissioners', (1889) 21
QBD 313 (G).
9. Certiorari may lie and is generally granted when a court
has acted without or in excess of its jurisdiction. The want
of jurisdiction may arise from the nature of the subject-
matter of the proceeding or from the absence of some
preliminary proceeding or the court itself may not be
legally constituted or suffer from certain disability by
reason of extraneous circumstances [Vide Halsbury, 2 Edn.
Vol IX]. When the jurisdiction of the court depends upon
the existence of some collateral fact, it is well settled that
the court cannot by a wrong decision of the fact give it
jurisdiction which it would not otherwise possess [Vide
Banbury vs. Fuller, 9 Exch 111; R. v. Income Tax Special
Purposes Commissioners, 21 QBD 313].
"9. „Certiorari‟ may lie and is generally granted when a court has
acted without or in excess of its jurisdiction. The want of jurisdiction
may arise from the nature of the subject-matter of the proceeding or
from the absence of some preliminary proceeding or the court itself
may not be legally constituted or suffer from certain disability by
W.P.(C) 3622/2005 Page 13 of 32Signature Not VerifiedDigitally Signed By:RITUDHIRANIASigning Date:17.11.202219:22:47
NEUTRAL CITATION NO: 2022/DHC/004838
reason of extraneous circumstances [Vide Halsbury, 2 Edn. Vol IX].
When the jurisdiction of the court depends upon the existence of some
collateral fact, it is well settled that the court cannot by a wrong
decision of the fact give it jurisdiction which it would not otherwise
possess [Vide Banbury vs. Fuller, 9 Exch 111; R. v. Income Tax Special
Purposes Commissioners, 21 QBD 313].
9. 'Certiorari' may lie and is generally granted when a
Court has acted without or in excess of its jurisdiction. The
want of jurisdiction may arise from the nature of the
subject-matter of the proceeding or from the absence of
some preliminary proceeding or the Court itself may not
be legally constituted or suffer from certain disability by
reason of extraneous circumstances(1). When the
jurisdiction of the Court depends upon the existence of
some collateral fact, it is well settled that the Court
cannot by a wrong decision of the fact give it jurisdiction
which it would not otherwise possess. Vide- 'Bunbury vs.
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Fuller' (1854) 9 Ex.111 (F);-R. vs. Income Tax Special
Purposes Commissioners', (1889) 21 QBD 313. (G).