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...in appropriate situations.”22. It is only in Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 a...the field. Before coming to the aforesaid conclusion, the learned Judges in Surya Dev Rai (2003) 6 SCC 675 noticed the contrary view expressed in a nine-Judge Constitution Bench judgment of this Court...of certiorari.24. The learned Judges in Surya Dev Rai (2003) 6 SCC 675, however, opined that the Judges never held in Mirajkar AIR 1967 SC 1 that the law relating to...
...in Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 that an order of...(2003) 6 SCC 675 insofar as correction of or any interference with judicial orders of civil court by a writ of certiorari is concerned...(2003) 6 SCC 675 and with that we have no disagreement. But we are unable to agree with the legal proposition laid down in Surya Dev Rai...
...Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 this Court has ruled that to be amenable to correction in certiorari jurisdiction, the error committ...Surya Dev Rai (2003) 6 SCC 675 that the jurisdiction was not available to be exercised for indulging in reappreciation or evaluation of evidence or correcting the errors in drawing inferences like a...
.... Ram Chander Rai (2003) 6 SCC 675 this Court has held that in exercise of power of superintendence conferred under Article 227 of the Constitution of India on the High Court, the High Court does...High Court by the Presiding Judge, Family Court. By order dated 29-10-2003, the learned Judge of the High Court has expressed his anguish having found a prima facie case of non-compliance with the orders...-10-2003 of the High Court. There is nothing in the impugned order by which the petitioner may feel aggrieved. Let the petitioner appear before the High Court on the next date of hearing and seek...
...(2003) 6 SCC 675 and Shalini Shyam Shetty v. Rajendra Shankar Patil (2010) 8 SCC 329. In...Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 the Court considered the parameters for exercise of power by the High Court under Articles 226 and 22....”6. The learned Single Judge reappreciated the evidence produced by the parties as if he was hearing an appeal against the order of the Tribunal and set aside the...
...Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675, a two-Judge Bench of this Court discussed the principles of interference by the High Court under Ar...Surya Dev Rai (2003) 6 SCC 675 this Court held that a writ of certiorari is maintainable against the order of a civil court, subordinate to the High Court( of the Report). The correctness of that ratio...divergence of views.44. In para 38 sub-para (4) of the Report, the following principles have been laid down in Surya Dev Rai (2003) 6 SCC 675 and they are set out...
...-Judge Bench (2003) 6 SCC 675, as there was a reference by a Division Bench...(2003) 6 SCC 675 that judicial orders passed by the civil court can be examined and then corrected/reversed by the writ court under Article 226 in exe...(2003) 6 SCC 675, the analysis made by the two-Judge Bench and ultimately came to hold thus: (Radhey Shyam case...
...Chander Rai (2003) 6 SCC 675 before the three-Judge Bench. The three-Judge Bench referred to...(2003) 6 SCC 675 copiously and weighed it in the backdrop of other authorities and compared it with the English law principles and ruled that: (Radhey...Rai (2003) 6 SCC 675 also observed in para 25 of its judgment that distinction between Articles 226 and 227 stood almost obliterated...
...(2003) 6 SCC 675 that the revisional jurisdiction of the High Court can always be exercised where the subordinate court is found to have acted without jurisdiction or in excess of jurisdiction and for....5. The appeal stands dismissed with no order as to costs.6. We, however, clarify that the appellants are at liberty to adopt appropriate proceedings, if, in law, they are entitle...
...(2003) 6 SCC 675 and argued that even after amendment of Section 115 CPC, the High Court can, in exercise of supervisory power under Article 227, correct the error of jurisdiction committed by the...the order passed by it has resulted in failure of justice.8. In Surya Dev Rai case (2003) 6 SCC 675, the two-Judge Bench, after a detailed analysis of the various...judgment of this Court in Mange Ram v. Brij Mohan (1983) 4 SCC 36.6. Shri S.N Bhat, learned counsel for the...
...that article were considered by the two-Judge Bench of this Court in Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675. After considering...in Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 to the facts of this case, we hold that the learned Single Judge was not at all...is a tenant of the suit premises i.e Row House No. C-04, Kubera Garden, Salunkhe Vihar, Pune and that leave and licence agreement dated 30-7-2003 is null and void. During the pendency of the suit, the...
...Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675. In Surya Dev Rai case (2003) 6 SCC 675 this Court has on a revie...Mahendra Saree Emporium v. G.V Srinivasa Murthy . (2002) 5 SCC 416. On a review petition preferred by the landlord, vide order dated 21-2-2003 the order dated...sub-section (2) of this section, provisions of Section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act 3 of 1899), shall so far as may be applicable in respect of repeal of the said...
..., Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 and Shalini Shyam Shetty v. Rajendra S...Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 the two-Judge Bench noticed the distinction between the scope of Articles 226 and 227 of the Constit..., Gurmail Singh v. State of Punjab (1991) 1 SCC 189 and Pramod Jha v. State of Bihar (2003) 4 SCC...
...:—(i) Surva Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675;(ii...notice of the Court, it becomes a matter between the Court and the contemnor and the informant or the relator does not become a complainant or petitioner in contempt proceedings.6. The...) Nathi Devi v. Radha Devi Gupta., (2005) 2 SCC 271;(iii) The State of U.P v. Raj Narain, (1975) 4 ...
...Surya Dev Rai vs. Ram Chand Rai (2003) 6 SCC .... Ram Chander Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675] that an order of the civil court..., (2003) 6 SCC 675] insofar as correction of or any interference with judicial orders of civil court by a writ of certiorari is concerned...
.... 2003 (6) SCC 675
Surya Dev Rat v. Ram Chander Rai
(5)
7. ILR 2004 KAR 2673...) Surya Dev Rai v. Ram Chander Rai . 2003 6 ...(Mrs.)
(5)
5. 2005 (5) SCC 194
Kamalanatha v. State of T.N
(5)
6...
..., (2003) 6 SCC 675 : AIR 2003 SC 3044 and...Shiv Shakti Co-op. Housing Society, Nagpur v. Swaraj Developers, (2003) 6 SCC 659...: AIR 2003 SC 2434. A reading of Order 43, CPC shows that the petitioner herein had a dual remedy. He could have availed of either filing of an appeal or a review. Having chosen ...
...) 3 SCC 524, Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 and SBI v...Punjab National Bank v. O.C. Krishnan (2001) 6 SCC .... (2003) 2 SCC 107 and some other judgments, then the High Court may, after considering all the relevant parameters and public interest...
..., Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 and SBI v. Allied Chemical...efficacious alternative remedy is available to any aggrieved person. (See Sadhana Lodh v. National Insurance Co. Ltd. (2003) 3 SCC 524...of India had advanced a loan of Rs. 4,50,00,000 to Appellant 6 on an equitable mortgage by deposit of the title deeds of certain properties, subject-matter of these appeals, on 6-2-2006. Appellants 1...
...court. This is why, a 3 member Bench of this court, while overruling the decision in Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675, pointed...at 5 P.M. and the Executive Committee meeting at 5:30 P.M. on the same day namely 05.05.2018 was illegal; (ii) for a decree of permanent injunction restraining the defendant Nos. 5 & 6 from...No. 387 of 2018 seeking an injunction restraining the defendant nos. 5 & 6 from acting respectively as Patron and the Secretary.6. It appears that the suit was filed on...