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1 - 10 of 11 (0.29 seconds)Article 227 in Constitution of India [Constitution]
Section 3 in The Electricity Act, 2003 [Entire Act]
Article 226 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Section 4 in The Electricity Act, 2003 [Entire Act]
Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
"6. In our view, the impugned order is liable to
be set aside because while deciding the writ
petition filed by the respondent the learned
Single Judge ignored the limitations of the High
Court's jurisdiction under Article 227 of the
Constitution. The parameters for exercise of
power by the High Court under that Article were
considered by the two-Judge Bench of this Court
in Surya Dev Rai v. Ram Chander Rai and Others,
IV (2003) SLT 810=III (2003) CLT 133
(SC)=(2003) 6 SCC 675. After considering
various facets of the issue, the two-Judge Bench
culled out the following principles:
Section 127 in The Electricity Act, 2003 [Entire Act]
Mohd. Yunus vs Mohd. Mustaqim & Ors on 4 October, 1983
(9) In practice, the parameters for exercising
jurisdiction to issue a writ of certiorari and those
calling for exercise of supervisory jurisdiction are
almost similar and the width of jurisdiction
exercised by the High Courts in India unlike
English Courts has almost obliterated the
distinction between the two jurisdictions. While
exercising jurisdiction to issue a writ of certiorari
the High Court may annul or set aside the act,
order or proceedings of the subordinate Courts
but cannot substitute its own decision in place
thereof. In exercise of supervisory jurisdiction the
High Court may not only give suitable directions
so as to guide the subordinate Court as to the
manner in which it would act or proceed
thereafter or afresh, the High Court may in
appropriate cases itself make an order in
supersession or substitution of the order of the
subordinate Court as the Court should have made
in the facts and circumstances of the case.'
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C/SCA/14774/2020 ORDER DATED: 12/07/2021
(II) Mohd. Yunus vs. Mohd. Mustaqim and ors.