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1 - 10 of 24 (2.34 seconds)Article 226 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Section 107 in Government of India Act, 1935 [Entire Act]
Hari Vishnu Kamath vs Syed Ahmad Ishaque And Others on 9 December, 1954
"……the High Court was not justified in
looking into the order of December 2, 1952,
as an appellate court, though it would be
justified in scrutinizing that order as if it was
brought before it under Article 226 of the
Constitution for issue of a writ of certiorari.
The limit of the jurisdiction of the High Court
in issuing writs of certiorari was considered
by this Court in Hari Vishnu Kamath Vs.
Ahmad Ishaque 1955-I S 1104 : ((s) AIR
1955 SC 233) and the following four
propositions were laid down :-
T. C. Basappa vs T. Nagappa And Another on 5 May, 1954
In this context, we
may quote the Constitution Bench decision in T.C. Basappa Vs. T.
Nagappa and Anr., (1955) 1 SCR 250 and Province of Bombay Vs.
Khushaldas S. Advani (dead) by Lrs., 1950 SCR 621, as also a
three-Judge Bench decision in Dwarka Nath Vs. Income-tax
Officer, Special Circle, D Ward, Kanpur and Anr., (1965) 3 SCR
536, which have held in no uncertain terms, as the law has always
been, that a writ of certiorari is issued against the acts or proceedings
of a judicial or quasi-judicial body conferred with power to determine
questions affecting the rights of subjects and obliged to act judicially.
We are therefore of the opinion that the writ of certiorari is directed
against the act, order of proceedings of the subordinate Court, it can
issue even if the lis is between two private parties.
Article 32 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Section 224 in Government of India Act, 1935 [Entire Act]
L. Chandra Kumar vs Union Of India And Others on 18 March, 1997
The Constitution Bench in L. Chandra Kumar Vs. Union of
India & Ors., (1997) 3 SCC 261, dealt with the nature of power of
judicial review conferred by Article 226 of the Constitution and the
power of superintendence conferred by Article 227. It was held that
the jurisdiction conferred on the Supreme Court under Article 32 of the
Constitution and on the High Courts under Articles 226 and 227 of the
Constitution is part of the basic structure of the Constitution, forming
its integral and essential feature, which cannot be tampered with much
less taken away even by constitutional amendment, not to speak of a
parliamentary legislation.