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Shalini Shyam Shetty & Anr vs Rajendra Shankar Patil on 23 July, 2010

15 The Supreme Court in the case of Shalini Shyam Shetty & Anr. Vs. Rajendra Shankar Patil, reported in (2010) 8 SCC 329 has enumerated 19/21 ssm 20 wp1654. & 1655.2000.doc the principles in the exercise of High Court's jurisdiction under Article 227 of the Constitution of India. It is held that, the High Courts cannot, at the drop of a hat, in exercise of its power under Article 227 of the Constitution, interfere with the Orders of tribunals or courts interior to it. Nor can it, in exercise of this power, act as a court of appeal over the orders of the court or tribunal subordinate to it. In cases, where an alternative statutory mode of redressal has been provided, that would also operate as a restrain on the exercise of this power by the High Court. That, the High Court can interfere in exercise of its power of superintendence when there has been a patent perversity in the orders of the tribunals and courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles of natural justice have been flouted.
Supreme Court of India Cites 48 - Cited by 2466 - Full Document

Baldev Singh & Ors. Etc vs Manohar Singh & Anr. Etc on 3 August, 2006

In rejoinder to the arguments advanced by Mr. Gavnekar, the learned counsel for the Respondent, Mr. Thorat by placing reliance on a decision of the Supreme Court in the case of Baldev Singh & Ors. Vs. Manohar Singh & Anr., reported in 2006 (5) Mh.L.J. 634,submitted that, inconsistent pleas can be raised by the Defendant in the written statement, though the same may not be permissible in the case of plaint. He submitted that, therefore the plea taken by the Petitioner in his written statement contending that, the agreement in question was for conducting business and also claiming tenancy, is thus permissible.
Supreme Court of India Cites 6 - Cited by 542 - Full Document
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