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1 - 10 of 14 (0.45 seconds)Article 226 in Constitution of India [Constitution]
The Delhi Rent Act, 1995
Radhey Shyam & Anr vs Chhabi Nath & Ors on 15 April, 2009
In Radhey Shyam v. Chhabi Nath - (2009) 5 SCC 616, supra,
while giving reasons for disagreement to part of the ratio in Surya Dev Rai,
the Court said thus in para 23, 24, 26 and 32 :
Section 16 in The Delhi Rent Act, 1995 [Entire Act]
Jhaman Karamsingh Dadlani vs Ramanlal Maneklal Kantawala And Ors. on 6 September, 1973
" (27) From a perusal of paragraph 4 of Jhaman
(supra) it is clear that to a proceeding under Article 227 of
the Constitution of India only the appellate side rules of
the High Court apply. But to a proceeding under Article
226, either the original side or the appellate side rules,
depending on the situs of the cause of action will apply.
Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
Of course in Surya Dev Rai
(supra) this Court held that a writ of Certiorari is
maintainable against the order of a civil court, subordinate
to the High Court (para 19, page 668 of the report). The
correctness of that ratio was doubted by another Division
Bench of this Court in Radhey Shyam and anr. v. Chhabi
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Nath [(2009) 5 SCC 616] and a request to the Hon'ble
Chief Justice for a reference to a larger Bench is pending.
L. Chandra Kumar vs Union Of India And Others on 18 March, 1997
(i) High Court's power of superintendence under
Article 227 cannot be curtailed by any statute. It has
been declared a part of the basic structure of the
Constitution by the Constitution Bench of this Court in
the case of L. Chandra Kumar v. Union of India & ors.
The Oriental Insurance Company Limited vs Meena Variyal & Ors on 2 April, 2007
Even otherwise, considering the submission made by Mr.Bhangde that the
same is obiter, we find that in para 26 of the judgment in Oriental
Insurance Co. Ltd. v. Meena Variyal - (2007) 5 SCC 428, in para 26, side
indicator `c' at page 445 of the reports reads `an obiter dictum of this
court may be binding only on the High Courts in the absence of any direct
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pronouncement on that question by this Court.'
Rajput Ruda Maha And Ors vs State Of Gujarat on 5 December, 1979
We are of the view that the aforesaid proposition laid down in
Surya Dev Rai is contrary to the ratio in Mirajkar and the ratio in
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Mirajkar has not been overruled in Rupa Ashok Hurra."