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To say that the words "finally disposed of" mean finally disposed of so far as the High Court is concerned is illogical because Rules 1,4 and 7 use the words "be heard and disposed of by a Divisional Bench" and were the reasoning of the Full Bench correct,it would mean that so far as the High Court is concerned,when a Single Judge hears a matter and disposes it of,it is finally disposed of and when a Division Bench disposes it of,it is not finally disposed of | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The right of appeal against the judgment of a Single Judge is given by the Letters Patent which have been continued in force by Art.225 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If under the Rules of the High Court,a matter is heard and disposed of by a Single Judge,an appeal lies against his judgment unless it is barred either under the Letters Patent or some other enactment | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The word "finally" used in Rule 18 of Chapter XVII of the Appellate Side Rules does not and cannot possibly have the effect of barring a right of appeal conferred by the Letters Patent | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As we have seen above,an intra-court appeal against the judgment of a Single Judge in a petition u/art.226 is not barred while cl.15 itself bars an intra-court appeal against the judgment of a Single Judge in a petition u/art.227 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In Sushilabai Laxminarayan Mudliyar v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Nihalchand Waghajibhai Shaha [1993 Supp.(1) SCC 11 1991 Indlaw SC 718 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
this court with reference to an unreported judgment in Ratnagiri District Central Co-operative Bank Ltd.v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Dinkar Kashinath Watve 1989 Indlaw SC 421,C.A.No.520 of 1989 decided on 27.1.1989 held as follows: "Even when in the cause title of an application both Art.226 and Art.227 of the Constitution have been mentioned,the learned single Judge is at liberty to decide,according to facts of each particular case,whether the said application ought to be dealt with only u/art.226 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
For determining the question of maintainability of an appeal against such a judgment of the Single Judge the Division bench has to find out whether in substance the judgment has been passed by the learned Single Judge in exercise of the jurisdiction u/art.226 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the event in passing his judgment on an application which had mentioned in its cause title both Arts.226 and 227,the Single Judge has in fact invoked only his supervisory powers under Article 227,the appeal under cl.15 would not lie | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The cl.15 of the Letters Patent expressly bars appeals against orders of Single Judges passed under revisional or supervisory powers | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Even when the learned Single Judge's order has been passed under both the articles,for deciding the maintainability against such an order what would be relevant is the principal or main relief granted by the judgment passed by learned Single Judge and not the ancillary directions given by him | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The expression 'ancillary' means,in the context,incidental or consequential to the main part of the order | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus,the determining factor is the real nature of principal order passed by the Single Judge which is appealed against and neither the mentioning in the cause title of the application of both the articles nor the granting of ancillary orders thereupon made by learned Single Judge would be relevant | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus,in each case,the Division Bench may consider the substance of the judgment under appeal to ascertain whether the Single Judge has mainly or principally exercised in the matter his jurisdiction | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
u/art.226 or u/art.227.In | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
the event in his judgment the learned Single Judge himself had mentioned the particular article of the Constitution under which he was passing his judgment,in an appeal under cl.15 against such a judgment it may not be necessary for the appellate bench to elaborately examine the question of its maintainability | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
When without mentioning the particular article the learned Single Judge decided on merits the application,in order to decide the question of maintainability of an appeal,against such a judgment,the Division Bench might examine the relief granted by the learned Single Judge,for maintainability of an appeal,the determination would be the main and not the ancillary relief | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
When a combined application u/arts.226 and 227 of the Constitution is summarily dismissed without reasons,the appeal Court may consider whether the facts alleged,warranted filing of the application u/art.226 or u/art.227 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thereafter this Court explained the ratio laid down in the case of Umaji's case1986 Indlaw SC 651 (supra) and expressed thus: "In Umaji case it was clearly held that where the facts justify a party in filing an application either u/art.226 or 227 of the Constitution of India and the party chooses to file his application under both these articles in fairness of justice to party and in order not to deprive him of valuable right of appeal the Court ought to treat the application as being made under Article 226,and if in deciding the matter,in the final order the Court gives ancillary directions which may pertain to Article 227,this ought not to be held to deprive a party of the right of appeal under cl.15 of the Letters Patent where the substantial part of the order sought to be appealed against is u/art.226.Rule 18 of the Bombay High Court Appellate Side Rules read with cl.15 of the Letters Patent provides for appeal to the Division Bench of the High Court from a judgment of the learned Single Judge passed on a writ petition u/art.226 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the present case the Division Bench was clearly wrong in holding that the appeal was not maintainable against the order of the learned Single Judge | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In Mangalbhai & Ors.v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Radhyshyam (Dr | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
AIR 1993 SC 806 1992 Indlaw SC 509] it was inter alia observed as follows: "The learned Single Judge in his impugned judgment dated December 11,1987 nowhere mentioned that he was exercising the powers u/art.227 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The learned Single Judge examined the matter on merit and set aside the orders of the Rent Controller as well as the Resident Deputy Collector on the ground that the aforesaid judgments were perverse | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The findings of the Rent Controller and Resident Deputy Collector were set aside on the question of habitual defaulter as well as on the ground of bona fide need | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus in the totality of the facts and circumstances of the case,the pleadings of the parties in the writ petition and the judgment of the learned Single Judge leaves no manner of doubt that it was an order passed u/art.226 of the Constitution and in that view of the matter the Letters Patent Appeal was maintainable before the High Court | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
After taking the aforesaid view one course open was to set aside the order of the Division Bench and to remand the matter for being disposed of on merits by the Division Bench of the High Court | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
However,taking in view the fact that this litigation is going on for nearly a decade and also the fact that even the learned Single Judge in his impugned order dated December 11,1987 had remanded the case to the Rent Controller,we considered it proper in the interest of justice to hear the appeal on merits against the judgment of the learned Single Judge | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have heard learned counsel for the parties at length on the merits of the case | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In Lokmat Newspapers (P | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Shankarprasad [1999 (6) SCC 275 1999 Indlaw SC 587 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
it was observed as follows: "It is,therefore,obvious that the writ petition invoking jurisdiction of the High Court both u/arts.226 and 227 of the Constitution had tried to make out a case for the High Court's interference seeking issuance of an appropriate writ of certiorari u/art.226 of the Constitution of India | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Basic averments for invoking such a jurisdiction were already pleaded in the writ petition for the High Court's consideration | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is true,as submitted by learned counsel for the appellant,that the order of the learned Single Judge nowhere stated that the Court was considering the writ petition u/art.226 of the Constitution of India | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is equally true that the learned Single Judge dismissed the writ petition by observing that the courts below had appreciated the contentions and rejected the complaint | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
But the said observation of the learned Single Judge did not necessarily mean that the learned Judge was not inclined to interfere u/art.227 of the Constitution of India only | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The said observation equally supports the conclusion that the learned Judge was not inclined to interfere u/arts.226 and 227.As seen earlier,he was considering the aforesaid writ petition moved u/art.226 as well as Art.227 of the Constitution of India | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Under these circumstances,it is not possible to agree with the contention of learned counsel for the appellant that the learned Single Judge had refused to interfere only u/art.227 of the Constitution of India when he dismissed the writ petition of the respondent | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In this connection,it is profitable to have a look at the decision of this Court in the case of Umaji Keshao Meshram v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Radhikabai [1986 Supp.SCC 401 1986 Indlaw SC 651].In | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
that case O.Chinnappa Reddy and D.P.Madon | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
JJ.,considered the very same question in the light of cl.15 of the Letters Patent of the Bombay High Court | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Madon,J.,speaking for the Court made the following pertinent observations: "Petitions are at times filed both u/arts.226 and 227 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The case of Hari Vishnu Kamath v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Syed Ahmad Ishaque (AIR 1955 SC 233 1954 Indlaw SC 212) before this Court was of such a type | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Rule 18 provides that where such petitions are filed against orders of the tribunals or authorities specified in Rule 18 of Chapter XVII of the Appellate Side Rules or against decrees or orders of courts specified in that rule,they shall be heard and finally disposed of by a Single Judge | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The question is whether an appeal would lie from the decision of the Single Judge in such a case | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In our opinion,where the facts justify a party in filing an application either u/art.226 or 227 of the Constitution,and the party chooses to file his application under both these articles,in fairness and justice to such party and in order not to deprive him of the valuable right of appeal the court ought to treat the application as being made under Article 226,and if in deciding the matter,in the final order the court gives ancillary directions which may pertain to Article 227,this ought not to be held to deprive a party of the right of appeal under cl.15 of the Letters Patent where the substantial part of the order sought to ^*296be appealed against is u | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
art.226.Such was the view taken by the Allahabad High Court in Aidal Singh v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Karan Singh (AIR 1957 All 414 1956 Indlaw ALL 107) and by the Punjab High Court in Raj Kishan Jain v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Tulsi Dass (AIR 1959 Punj 291 1958 Indlaw PNH 109) and Barham Dutt v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Peoples' Coop | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Transport Society Ltd.(AIR 1961 Punj 24 1960 Indlaw PNH 196) and we are in agreement with it | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The aforesaid decision squarely gets attracted on the facts of the present case | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It was open to the respondent to invoke the jurisdiction of the High Court both u/arts.226 and 227 of the Constitution of India | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Once such a jurisdiction was invoked and when his writ petition was dismissed on merits,it cannot be said that the learned Single Judge had exercised his jurisdiction only u/art.226 of the Constitution of India | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This conclusion directly flows from the relevant averments made in the writ petition and the nature of jurisdiction invoked by the respondent as noted by the learned Single Judge in his judgment,as seen earlier | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Consequently,it could not be said that cl.15 of the Letters Patent was not attracted for preferring appeal against the judgment of the learned Single Judge | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is also necessary to note that the appellant being the respondent in letters patent appeal joined issues on merits and did not take up the contention that the letters patent appeal was not maintainable | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
For all these reasons,therefore,the primary objection to the maintainability of the letters patent appeal as canvassed by learned counsel for the appellant,has to be repelled | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Point 1 is,therefore,answered in the affirmative against the appellant and in favour of the respondent | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It takes us to the consideration of points arising for our decision on merits | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In Surya Dev Rai v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Ram Chander Rai & Ors.[AIR 2003 SC 3044 2003 Indlaw SC 598] after referring to decisions in Custodian of Evacuee Property,Bangalore v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Khan Saheb Abdul Shukoor,etc.[1961 (3) SCR 855 1961 Indlaw SC 499] and Nagendra Nath Bora | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Anr.v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Commissioner of Hills Division | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
AIR 1958 SC 398 1958 Indlaw SC 62],T.C.Basappa v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
T.Nagappa [AIR 1954 SC 440 1954 Indlaw SC 39] and Rupa Ashok Hurra v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Ashok Hurra [AIR 2002 SC 1771 2002 Indlaw SC 1966],this Court held as follows: "From the aforesaid enunciation of law it is quite vivid and luminescent that the pleadings in the writ petition,nature of the order passed by the learned Single Judge,character and the contour of the order,directions issued,nomenclature given the jurisdictional prospective in the Constitutional context are to be perceived | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It cannot be said in a hypertechnical manner that an order passed in a writ petition,if there is assail to the order emerging from the inferior tribunal or subordinate Court has to be treated all the time for all purposes to be u/art.227 of the Constitution of India | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Phraseology used in exercise of original jurisdiction u/art.226 of the Constitution in S.2 of the Act cannot be given a restricted and constricted meaning because an order passed in a writ petition can tantamount to an order u/art.226 or 227 of the Constitution of India and it would depend upon the real nature of the order passed by the learned Single Judge | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
To elaborate; whether the learned Single Judge has exercised his jurisdiction u/art.226 or u/art.227 or both would depend upon various aspects and many a facet as has been emphasized in the afore quoted decisions of the apex Court | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The pleadings,as has been indicated hereinabove,also assume immense significance | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As has been held in the case of Surya Devi Rai (supra) a writ of certiorari can be issued u/art.226 of the Constitution against an order of a Tribunal or an order passed by the sub ordinate court | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In quintessentiality,it cannot be put in a state jacket formula that any order of the learned judge that deals with an order arising from an inferior tribunal or the sub ordinate court is an order u/art.227 of the Constitution of India and not an order u/art.226 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It would not be an over emphasis to state that an order in a writ petition can fit into the subtle contour of Arts.226 and 227 of the Constitution in a composite manner and they can coincide,co-exit,overlap imbricate | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In this context it is apt to note that there may be cases where the learned single judge may feel disposed or inclined to issue a writ to do full and complete justice because it is to be borne in mind that Art.226 of the Constitutions is fundamentally a repository and reservoir of justice based on equity and good conscience | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It will depend upon factual matrix of the case | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus,there is no manner of doubt that the orders and proceedings of a judicial court subordinate to the High Court are amenable to writ jurisdiction of the High Court u/art.226 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Upon a review of decided cases and a survey of the occasions,wherein the High Courts have exercised jurisdiction to command a writ of certiorari or to exercise supervisory jurisdiction u/art.227 in the given facts and circumstances in a variety of cases,it seems that the distinction between the two jurisdictions stands almost obliterated in practice | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Probably,this is the reason why it has become customary with the lawyers labelling their petitions as one common u/arts.226 and 227 of the Constitution,though such practice has been deprecated in some judicial pronouncement | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Without entering into niceties and technicality of the subject,we venture to state the broad general difference between the two jurisdictions | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Firstly,the writ of certiorari is an exercise of its original jurisdiction by the High Court; exercise of supervisory jurisdiction is not an original jurisdiction and in this sense it is akin to appellate,revisional or corrective jurisdiction | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Secondly,in a writ of certiorari,the record of the proceedings having been certified and sent up by the inferior court or tribunal to the High Court,the High Court if inclined to exercise its jurisdiction,may simply annul or quash the proceedings and then do no more | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In exercise of supervisory jurisdiction,the High Court may not only quash or set aside the impugned proceedings,judgment or order but it may also make such directions as the facts and circumstances of the case may warrant,maybe,by way of guiding the inferior court or tribunal as to the manner in which it would now proceed further or afresh as commended to or guided by the High Court | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In appropriate cases the High Court,while exercising supervisory jurisdiction,may substitute such a decision of its own in place of the impugned decision,as the inferior court or tribunal should have made | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Lastly,the jurisdiction u/art.226 of the Constitution is capable of being exercised on a prayer made by or on behalf of the party aggrieved; the supervisory jurisdiction is capable of being exercised suo motu as well | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In view of what has been stated above,the High Court was not justified in holding that the Letters Patent Appeal was not maintainable | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In addition,a bare reading of this Court's earlier order shows that the impugned order is clearly erroneous | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The impugned order is set aside | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The writ appeal shall be heard by the Division Bench on merits | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The appeal is allowed | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In these appeals the dispute relates to payment of compensation pursuant to acquisition of land of respondent-M/s | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Jaswant Sugar Mills Ltd.(hereinafter referred to as the "Company") and auction of part of the land of the Company | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
There being cross-claims,all of these appeals were heard together for determination by a common judgment | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Company preferred two writ petitions challenging the orders passed by the District Magistrate/Collector,Meerut and Board of Revenue dated 18th December,1995 and 3rd August,1996 respectively | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The aforesaid orders were also challenged by the State Government | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
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