Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CIVIL-Feb-22

Radhey Shyam & Anr. Vs. Chhabi Nath & Ors.

Head Note

Constitution of India, 1950  - Article 226 , Article 227

Orders of civil court stand on different footing from the orders of authorities or Tribunals or courts other than judicial/civil courts - While appellate or revisional jurisdiction is regulated by statutes, power of superintendence under Article 227 is constitutional - The expression "inferior court" is not referable to judicial courts.

Constitution of India, 1950  - Article 226 , Article 227

Writ Jurisdiction - Held that judicial orders of civil courts are not amenable to a writ of certiorari under Article 226 - A writ of mandamus does not lie against a private person not discharging any public duty - Scope of Article 227 is different from Article 226 - Contrary view in Surya Dev Rai overruled.

Constitution of India, 1950  - Article 226 , Article 227

Writ Jurisdiction - Power of superintendence of High Court - All courts in the jurisdiction of a High Court are subordinate to it and subject to its control and supervision under Article 227 - Writ jurisdiction is constitutionally conferred on all High Courts - Broad principles of writ jurisdiction followed in England are applicable to India and a writ of certiorari lies against patently erroneous or without jurisdiction orders of Tribunals or authorities or courts other than judicial courts - There are no precedents in India for High Courts to issue writs to subordinate courts.

Topic(s)-Judicial orders of civil court are not amenable to writ jurisdiction under Article 226

Important Decision(s)- A writ of mandamus does not lie against a private person not discharging any public duty.







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