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1 - 8 of 8 (1.37 seconds)Article 226 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
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 vs. Ram Chander Rai and
others (2003) 6 SCC 675. After considering various facets of
the issue,the two Judge Bench culled out the following
principles:
The Code Of Civil Procedure (Amendment) Act, 2002
Shalini Shyam Shetty & Anr vs Rajendra Shankar Patil on 23 July, 2010
(d) The parameters of interference by High Courts in exercise of
their power of superintendence have been repeatedly laid down
by this Court. In this regard the High Court must be guided by
the principles laid down by the Constitution Bench of this Court
in Waryam Singh and the principles in Waryam Singh have
been repeatedly followed by subsequent Constitution Benches
and various other decisions of this Court.
L. Chandra Kumar vs Union Of India And Others on 18 March, 1997
(i) The 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 L. Chandra Kumar v. Union of India and
therefore abridgment by a constitutional amendment is also very
doubtful.
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