...Constitution would remain effective and meaningful only when it is exercised prudently and in appropriate situations.”22. It is only in Surya Dev Rai v. Ram Chander....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 certiorari in England was accepted by the Supreme Court. But this observation in Surya Dev 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...expressed in Surya Dev Rai (2003) 6 SCC 675 insofar as correction of or any interference with judicial orders of civil court by a writ of...mistake of fact and of law.32. The essential distinctions in the exercise of power between Articles 226 and 227 are well known and pointed out in Surya Dev Rai (2003...

...employed by the High Court in its judgment goes to show that the High Court has exercised its certiorari jurisdiction for correcting the judgment of the appellate court. In Surya Dev Rai v. Ram Chander...in Surya Dev Rai (2003) 6 SCC 675 that the jurisdiction was not available to be exercised for indulging in reappreciation or evaluation of...Rai (2003) 6 SCC 675 this Court has ruled that to be amenable to correction in certiorari jurisdiction, the error committed by the court or...

...to her 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...

...Surya Dev Rai vs. Ram Chand Rai (2003) 6 SCC 675..., (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...

...Article 227 of the Constitution and ignored the law laid down in Surya Dev Rai v. Ram Chander Rai (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...

...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...

...) enunciated 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...Dev Rai v. Ram Chander Rai (2003) 6 SCC 675. After considering various facets of the issue, the two-Judge Bench culled out the following...jurisdiction under Article 227 of the Constitution. The parameters for exercise of power by the High Court under that article were considered by the two-Judge Bench of this Court in Surya...

...forum in accordance with law.4. It was submitted, based on the decision of this Court in Surya Dev Rai v. Ram Chander Rai...

...Shri N. Ravindranath Kamath as one of their witnesses. Shri Bhat relied upon the judgment in Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675 and...it has resulted in failure of justice.8. In Surya Dev Rai case (2003) 6 SCC 675, the two-Judge Bench, after a...

...(2003) 6 SCC 675, as there was a reference by a Division Bench (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 (2003) 6 SCC 675, the analysis made by the two...follows: (Radhey Shyam case (2015) 5 SCC 423, (2015) 3 Scale 88)“26. The Bench in Surya Dev Rai (2003...

...(2015) 5 SCC 423, the issue arose with regard to the correctness of the decision in Surya Dev Rai v. Ram Chander Rai...Surya Dev Rai (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 Shyam case (2015) 5 SCC 423)“26. The Bench in Surya Dev Rai (2003...

...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 Article 227. Of course in Surya Dev Rai (2003) 6 SCC 675 this Court held that a writ of certiorari is maintainable against the order...principles have been laid down in Surya Dev Rai (2003) 6 SCC 675 and they are set out:“38.(4) Supervisory jurisdiction under...

...Surya Dev Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675] also observed in para 25 of its judgment that distinction between Articles 226 and 227 stood almost...to be justified on an erroneous appreciation of the ratio in Surya Dev [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675] and in view of the recent amendment to Section...that the view in Surya Dev Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675] stands approved by larger...

...Surya Dev Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675] also observed in para 25 of its judgment that distinction between Articles 226 and 227 stood almost...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] and in view of the recent amendment to...Surya Dev Rai [Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC 675] stands approved by larger Benches in...

...grave, cannot be corrected by a writ.23. It is useful to refer to the decision of this Court in Surya Dev Rai v. Ram Chander Rai...formal or technical character.25. As observed in Surya Dev Rai v. Ram Chander Rai (2006) 4 SCC 432 the exercise of...

.... 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...

..., (2009) 5 SCC 616] in paras 26 and 27 quoted above.26. The Bench in Surya Dev Rai [Surya...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 Rai, (2003...

.... 28. We may also deal with the submission made on behalf of the respondent that the view in Surya Dev Rai v. Ram Chander Rai, (2003) 6 SCC..., (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, the same...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...

...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...