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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...(2009) 5 SCC 616)“30. … Therefore, this Court unfortunately is in disagreement with the view which has been expressed in Surya....32. The essential distinctions in the exercise of power between Articles 226 and 227 are well known and pointed out 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...
...and ought to have seen to some relief being granted to her so as to save her from destitution.3. In Surya Dev Rai v.... 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...
...Surya Dev Rai vs. Ram Chand Rai (2003) ..., (2009) 5 SCC 616] passed by the Bench of two Hon'ble Judges to consider the correctness of the law laid down by this Court in Surya Dev Rai v.... Ram Chander Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675] that an order of the civil court...
...jurisdiction vested in the High Court under Article 227 of the Constitution and ignored the law laid down in Surya Dev Rai v. Ram Chander Rai...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...
...of writs of certiorari, the Apex Court, in Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675, has explained, in the following words...substitute its own findings or directions.”6. The fall-out of the above observations, made in Surya Dev Rai (supra), is that there are, at least, four circumstances in which a writ of...effect, Surya Dev Rai (supra) recognizes the fact and is an authority for the proposition that in the four distinct circumstances, as enumerated hereinabove, a High Court may, in exercise of its...
...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...
...accordance with law.4. It was submitted, based on the decision of this Court in Surya Dev Rai v. Ram Chander Rai...
...respondents to cite Shri N. Ravindranath Kamath as one of their witnesses. Shri Bhat relied upon the judgment in Surya Dev Rai v. Ram Chander Rai...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...
...(2009) 5 SCC 616 expressing its doubt about the ratio laid down in Surya Dev Rai v. Ram Chander Rai...(2015) 5 SCC 423, (2015) 3 Scale 88 referred to Surya Dev Rai (...) 5 SCC 423, (2015) 3 Scale 88)“26. The Bench in Surya Dev Rai (2003) 6 SCC 675...
...(2015) 5 SCC 423, the issue arose with regard to the correctness of the decision in Surya Dev ...: “Certiorari does not lie to quash the judgments of inferior courts of civil jurisdiction.” (AIR p. 18, para 63) It adverted to the authority in Surya Dev Rai (20...(2015) 5 SCC 423)“26. The Bench in Surya Dev Rai...
...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...
.... 227 of the Constitution has been considered recently by the Apex Court in the case of Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675...which party is in possession of the property.7. So far as the decision of the Apex Court in the case of Surya Dev Rai v...Surya Dev Rai v. Ram Chander Rai's case (supra) considering the scope of Article...
...Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 wherein, in para 38, it was held as under:“38. (3) Certiorari, ...or correct errors of mere formal or technical character.25. As observed in Surya Dev Rai v. Ram Chander...Rai (2006) 4 SCC 432 the exercise of jurisdiction under Articles 226 or 227 of the Constitution cannot be tied down in a straitjacket formula or rigid rules. To put it clear though the power is there...
..., (2009) 5 SCC 616] in paras 26 and 27 quoted above.26. The Bench in Surya Dev ...227 of the Constitution by terming them as writ petitions. This is sought to be justified on an erroneous appreciation of the ratio in Surya Dev [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675...may also deal with the submission made on behalf of the respondent that the view in Surya Dev Rai [Surya Dev Rai v. Ram Chander ...
...respondent that the view in Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675 stands approved by larger Benches in...ground correctness of the said view cannot be gone into by this Bench. In Shail, though reference has been made to Surya Dev Rai, the same is only for the purpose of scope of power under Article 227 as...is clear from para 3 of the said judgment. There is no discussion on the issue of maintainability of a petition under Article 226. In Mahendra Saree Emporium (2), reference to Surya Dev Rai is made...
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28. We may also deal with the submission made on behalf of the respondent that the view in Surya Dev Rai v. Ram Chander ..., (2005) 6 SCC 344 and on that ground correctness of the said view cannot be gone into by this Bench. In Shail, though reference has been made to Surya Dev Rai,...Mahendra Saree Emporium (2), reference to Surya Dev Rai is made in para 9 of the judgment only for the proposition that no subordinate legislation can whittle down the jurisdiction conferred by the...
...Surya Dev Rai Vs. Ram Chander Rai and ors. 2003 Vol. 6 SCC 675, the Hon'ble Apex Court...was made to three Judges Bench to consider the correctness of the law laid down in the case of Surya Dev Rai (supra). The Hon'ble Apex Court...Constitution of India. The contrary view taken in Surya Dev Rai (supra) has been overruled. The relevant portion of the judgment as given in para 25 on reproduction reads...
..., 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...