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1 - 10 of 15 (0.23 seconds)The Code of Criminal Procedure, 1973
Article 227 in Constitution of India [Constitution]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 36 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
D.H. Maniar & Ors vs Waman Laxman Kudav on 24 August, 1976
14. I am aware of the wide powers of the Supreme Court and of the limitations on the powers of this Court. One can never equate the powers of this Court with the powers of the Supreme Court. But what Mr. Agrawal contends is that if the approach adopted by the subordinate court is extraordinary, then there is nothing wrong on the part of this Court saying so. In fact, his argument is that while dealing with the subordinate courts it is the duty of the High Court to point out to them the mistakes in their approach and to sound them a word of caution. In para 6 of its judgment in the case of Miss Maneck Custodji Surjarji reproduced in para 12 above, the Supreme Court found that the High Court's reasoning was extraordinary and which files in the face of law and judicial procedure. It was further observed that the learned Judge has cast to the winds the well-settled principle of law. Similarly, in the case of D. M. Maniar (supra - para 13 above), the Supreme Court observed that sometimes constraint outweighs restraint and compels the Court in discharge of its duties to make strong observations. I am in respectful agreement with the above quoted observations of the Supreme Court and Mr. Agrawal is perfectly justified in placing reliance on the above mentioned two judgments.