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The Province Of Bombay vs Western India Automobile Association on 9 September, 1948

The dictum of Lumley, L.J., in In re, Securities Insurance Co., (1894) 2 Ch 410 which has been followed by the High Courts in India is extracted below : "Now, what was the practice of the Court of Chancery before 1862, and what has it been since ? I understand the practice to be perfectly well settled that a person who is a party can appeal (of course within the proper time) without any leave, and that a person who without being a party is either bound by the order or is aggrieved by it, or is prejudicially affected by it, cannot appeal without leave...... If a person alleging himself to be aggrieved by an order can make out even a prima facie case why he should have leave he will get it; but without leave he is not entitled to appeal." We may mention here some of the decisions in Page 25 of 28 Downloaded on : Thu Feb 11 04:34:54 IST 2021 C/SCA/15478/2020 CAVJUDGMENT which this principle has been followed : Province of Bombay v. W. I. Automobile Association, AIR 1949 Bom 141, Heersingh v. Veerka, AIR 1958 Raj 181 and Shivaraya v. Siddamma, AIR 1963 Mys 127.
Bombay High Court Cites 18 - Cited by 64 - Full Document

Waryam Singh And Another vs Amarnath And Another on 19 January, 1954

48 We may begin with noticing that the power of superintending control conferred by Article 227 of the Constitution is similar to the control exercised by the Court of Kings Bench over the inferior Courts of England under the Common Law. The history of Article 227 and its scope were considered by the Apex Court in Waryam Singh v. Amarnath, (1954) SCR 565, and it was indicated that the material part of Article 227 substantially reproduces the provisions of Section 107 of Government of India Act 1915, except that the power of superintendence has been extended by the Article also to Tribunals.
Supreme Court of India Cites 20 - Cited by 672 - Full Document
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