order passed by a lower court, tribunal, or authority. In Surya Dev Rai v. Ram Chander Rai & Ors., the Supreme Court has explained
Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003
Equivalent citations: AIR 2003 SUPREME COURT ... Lahoti , Ashok Bhan
CASE NO.:
Appeal (civil) 6110 of 2003
PETITIONER:
Surya Dev Rai
RESPONDENT:
Ram Chander Rai & Ors.
DATE OF JUDGMENT
correctness of the law laid down by this
Court in Surya Dev Rai vs. Ram Chander Rai and others [1] that an order of
civil ... disagreement with
the view which has been expressed in Surya Dev Rai insofar as correction of
or any interference with judicial orders of civil court
appropriate situations."
1. It is only in the case of Surya Dev Rai Vs.
Ram Chander Rai and others ... Before coming to the aforesaid conclusion, the
learned judges in Surya Dev Rai (supra) noticed the
contrary view expressed in a Nine-Judge Constitution
Bench
assume immense
significance. As has been held in the case of Surya Dev Rai
(supra), a writ of certiorari can be issued under Article ... jurisdiction exercised is original jurisdiction. We may also note
that in Surya Dev Rai (supra) the Apex Court while referring to
Umaji Keshao Meshram (supra
Judge Bench decision of their Lordships of Supreme Court in Surya Dev Rai vs. Ram Chander Rai others , (2003) 6 SCC 675, where too there ... writ petition. But there is an observation in Surya Dev Rai (supra), which reads thus:-
"24. Upon a review of decided cases
Judge Bench in the earlier decision in the case of Surya Dev Rai vs. Ram Chander Rai11 , to the effect that judicial orders passed ... observing as follows:
"26. The two-Judge Bench in Surya Dev Rai did not, as obviously it could not overrule the ratio in Mirajkar
Radha Kishan Yadav vs State Of U.P. And Others on 26 November, 2021
Author
went on to hold that the ratio in the case of Surya Dev Rai Vs. Ram Chander Rai , (2003) 6 SCC 675, which ... otherwise of the law laid down in the case of Surya Dev Rai (supra). The referring order which is reported
under Article 226 of the Constitution of
India. He relied upon Surya Dev Rai vs. Ram Chander Rai and
others .
37. He contended that even ... Court had
doubted the correctness of the law laid down in Surya Dev Rai (6
supra) and referred the matter to a larger Bench