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Central Council For Research In ... vs Bikartan Das on 16 August, 2023

Therefore, the matter is remanded by directing the authorities to make a fresh enquiry, then it would amount to allow the petitioner to fill-up the lacuna in her defence, which is beyond the powers permissible to be exercised under certiorari jurisdiction, for which the case of Bikartan Das (supra) and Hari Vishnu Kamath (supra) have been referred to.
Supreme Court of India Cites 43 - Cited by 25 - D Y Chandrachud - Full Document

R. Kamalananda vs The Secretary Home (Prison) Department ... on 25 February, 2019

In this connection, reference must be made to the decision in R. v. Governor of Wormwood Scrubs Prison, ex p Boydell [R. v. Governor of Wormwood Scrubs Prison, ex p Boydell, (1948) 2 KB 193 (DC)] . There, the applicant was condemned by a court martial sitting in Germany, and in execution of its sentence, he was imprisoned in England. He applied for a writ of habeas corpus, and contended that the military court had no jurisdiction over him. The Court agreed with this contention, and held that the conviction was without jurisdiction and accordingly issued a writ of habeas corpus. But as he was in the custody of the Governor of the Prison under a warrant of conviction, unless the conviction itself was quashed no writ of habeas corpus could issue. In these circumstances, the Court issued a writ of certiorari quashing the conviction by the court martial. It is to be noted that the military court was an ad hoc body, and was not in existence at the time of the writ, and the respondents to the application were the Governor and the Secretary for War. The fact that the court martial was dissolved was not considered a bar to the grant of certiorari.
Supreme Court - Daily Orders Cites 0 - Cited by 12 - Full Document
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