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T. C. Basappa vs T. Nagappa And Another on 5 May, 1954

27. Mr. Chari sought to brush aside the impact of the principles laid down in. those decisions by urging that these decisions were the result of the special and peculiar historical growth of these writs in England, with which we in India are not concerned. He argued that we should confine ourselves to the express terms of Article 226 or 227 and ought not to interpret the power to issue those writs in the light of the historical back-ground that prevailed in England. In our opinion, the decisions to which we have referred have nothing to do with the historical growth of the writs. The decisions have crystallised the broad and general principles upon which those writs can be issued and it is precisely such broad principles which their Lordships of the Supreme Court have in Basappa's case directed us to follow. To quote ...We can make an order or issue a writ in the nature of certiorari in all appropriate case and in appropriate manner so long as we keep to the broad and fundamental principles that regulate the exercise of jurisdiction in the matter of granting such writs in English law.
Supreme Court of India Cites 9 - Cited by 605 - B K Mukherjea - Full Document
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