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1 - 10 of 10 (0.20 seconds)The Code of Civil Procedure, 1908
Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
In Surya Dev Rai Vs. Ram Chander Rai and others (2003) 6 Supreme Court
Cases 675, the Honourable Apex Court has held in paragraph 22 that "Article 227
of the Constitution confers on every High Court the power of superintendence
over all courts and tribunals throughout the territories in relation to which it
exercises jurisdiction excepting any court or tribunal constituted by or under
any law relating to the armed forces. Without prejudice to the generality of
such power the High Court has been conferred with certain specific powers by
clauses (2) and (2) of Article 227 with which we are not concerned hereat. It is
well settled that the power of superintendence so conferred on the High Court is
administrative as well as judicial, and in capable of being invoked at the
instance of any person aggrieved or may even be exercised suo motu. The
paramount consideration behind vesting such wide power of superintendence in the
High Court is paving the way of justice and removing any obstacle therein. The
power under Article 227 is wider than the one conferred on the High Court by
Article 226 in the sense that the power of superintendence is not subject to
those technicalities of procedure or traditional fetters which are to be found
in certain jurisdiction. Else the parameters invoking the exercise of power are
almost similar."
Ganapathy Subramanian vs S.Ramalingam on 17 November, 2006
In Ganapathy Subramanian Vs. S.Ramalingam and others (2007) 7 MLJ 13,
this Court has held that "only wrong decisions may not be a ground for the
exercise of jurisdiction under Article 227 of the Constitution, unless wrong is
referable to grave dereliction of duty and flagrant abuse of power by the
subordinate Courts and Tribunals resulting in grave injustice to a party."
A. Sreedevi vs Vicharapu Ramakrishna Gowd on 2 December, 2005
(i) In A.Sreedevi Vs. Vicharapu Ramakrishna Gowd (2005 (5) CTC 748) this
Court has held that "Article 227 of the Constitution of India can be invoked to
prevent abuse of process of law and such a plea can be raised in Revision
Petition without approaching trial Court."
The Special Tahsildar, The Tamilnadu ... vs T. Nagendran, K.R.T. Devendran, T. ... on 30 July, 2002
(ii) In Tamilnadu Handloom Weavers Cooperative Society rep.by its Managing
Director Vs. S.R.Ejaz rep. by its power Agent Muralidhar T.Balani (2009 5 LW 79)
this Court has held that "the suit itself is abuse of process of law and filed
with the sole intention of defeating the order passed by the Supreme Court and
the trial Court having apprised of such facts, failed to act at once, this Court
is entitled to exercise the supervisory jurisdiction under Article 227 of the
constitution of India to axe the suit in the initial stage itself.
Article 226 in Constitution of India [Constitution]
Lala Durga Prasad And Another vs Lala Deep Chand And Others on 18 November, 1953
In Durga Prasad and another V. Deep Chand and others (AIR 1954 SC 75),
the Honourable Apex Court has held that "a suit for specific performance by
prior purchaser against his vendor and subsequent purchaser is legally
maintainable."
The Companies Act, 1956
Sadhana Lodh vs National Insurance Company Ltd. & Anr on 24 January, 2003
In Sadhana Lodh Vs. National Insurance Co. Ltd and another (2003) 3
Supreme Court Cases 524, the Honourable Apex Court has held that "where a
statute provided an appeal on limited grounds, the said grounds of challenge
cannot be enlarged by filing a writ petition under Articles 226/227."
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