Court : Jharkhand
Reported in : 2007CriLJ663; [2006(4)JCR1(Jhr)]
..... the constitution confers on every high court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction excepting any court or tribunal constituted by or under any law relating to the armed forces. without prejudice to the generality of such power the high court has been conferred with ..... . the order of prohibition is an order issuing out of the high court and directed to an inferior court or tribunal or public authority which forbids that court or tribunal or authority to act in excess of its jurisdiction or contrary to law. both certiorari and prohibition are employed for the control of inferior courts ..... they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. we, therefore, direct that the administration/police authorities throughout .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3469; JT2000(2)SC31; (2000)9SCC313
..... , ahd, patna and rakesh kumar, standing counsel to seek help of the army which was not at all warranted and contrary to the law laid down for use of armed forces in aid to civil authorities, the execution of non-bailable warrant is not a purpose for which army assistance can be called. moreover, this was done despite dig, ahd ..... of knowledge, insubordination and committed misconduct in violation of rule 3(1) of the all india services (conduct) rules, 1968.3. dr. biswas approached the central administrative tribunal for quashing the article of the charge but the petition was dismissed. he then approached the high court by a writ petition which was allowed by the high court by ..... (east) cbi, calcutta and during the course of supervision of ahd cases of bihar failed to maintain absolute devotion to duty and committed gross misconduct inasmuch as he acted irresponsibly and in excess of his authority in a manner unbecoming of a manager of the all india services in that:on 29/20-7-1997, he on his .....
Tag this Judgment!Court : Delhi
Reported in : 58(1995)DLT339; 1995(34)DRJ426
..... ) of the constitution this court cannot grant special leave in respect of any judgment, determination or order passed or made by any court or tribunal constituted by or under law relating to the armed forces. in considering a petition filed under article 32 of the constitution this court can only consider whether any fundamental right of the petitioner has been ..... and heard the matter on the footing that the writ petitioner was also asking a writ of certiorari, against the finding of a statutory tribunal, i.e. general court-martial constituted under the act. but even then the jurisdiction of this court is limited to only finding out whether there is error of jurisdiction or it is a ..... chapter v. a in the indian penal code. criminal conspiracy postulates an agreement between two or more persons to do, or cause to be done, an illegal act or an act which is not illegal by illegal means. it differs from other offences in that mere agreement is made an offence even if no step is taken to carry .....
Tag this Judgment!Court : Kerala
Reported in : [2009]148CompCas411(Ker)
..... constitution confers on every high court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction excepting any court or tribunal constituted by or under any law relating to the armed forces. without prejudice to the generality of such power the high court has been conferred ..... the resolution passed under section 81(1a) contending that the clause that rights shares can be renounced only in favour of an existing shareholder is an act of oppression and mismanagement, but the appellant withdrew from the above case and finally that application itself was withdrawn. since the application was withdrawn, the ..... considering an identical provision for appeal, i.e., section 4 of the karnataka high court act, 1962. it was held that article 227 of the constitution confers power of superintendence over all courts and tribunals throughout the territory in relation to which the high court exercises jurisdiction and such power of .....
Tag this Judgment!Court : Kerala
Reported in : 1991CriLJ980
..... adjudicating authorities vested with the judicial powers of the state throughout the territory of india barring those constituted by or under any law relating to the armed forces. in this background, the basic test of a tribur within the meaning of article 136 is that it is an adjudicating authority (other than ..... proceedings which will ultimately culminate in passing orders for confiscation and imposition of penalty, and prosecution for offences under the act. the adjudication proceedings are conducted departmentally, and what the tribunal considers is only an appeal against the departmental proceedings and the order passed in adjudication proceedings. there is no question of ..... is the result of departmental proceedings. the petitioner cannot be prosecuted for an offence under the act before the tribunal. it has no powers of a criminal court. the proceedings culminating in an appeal before the tribunal cannot be considered to be the ending of a prosecution.18. relying upon the decisions of .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR533
..... 2a of the bombay tenancy act, 1939, declared by a competent authority not to be a tenant.explanation ii-where any land is cultivated by a widow or a minor or a person who is subject to physical or mental disability or a serving member of the armed forces through a tenant then notwithstanding ..... advocates appearing for the parties while considering in the relevant legal background, this court has no hesitation in finding that the judgment and order of the tribunal requires interference while exercising extraordinary equitable jurisdiction of this court under article 227 as the impugned judgment and order is manifestly illegal, unjust and perverse for ..... family. according to his further contention, relationship was that of landlord and tenant. thus, it is submitted that the impugned judgment and order of the tribunal is totally perverse and manifestly illegal requiring interference in this petition holding the petitioners as tenants.9. the submissions raised on behalf of the petitioners are .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR114
..... other purposes. whatever forest remained, was subjected to heavy utilisation by the government agencies, public at large and criminals and smugglers. taking advantage of the inadequately armed forces of the department and price ingredient in the market, smugglers have played havoc with the forest resources. there may be two class of forest offenders that one ..... is these activities of forests offenders as well as smugglers.15. the power of this court to interfere with the order of the court below or tribunal under article 227 of the constitution is certainty restricted, but if the judgment of the court below is wholly perverse and arbitrary then certainly interference can ..... contraband forest produce, release of the vehicle is a rule and confiscation thereof to be an exception. in the forest offences committed, the courts should not act liberally and should not go by this impression that where the value of the contraband forest produce seized is negligible in comparison to the value of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj145
..... it clear that the high. court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, and the only courts or tribunals which are exempted from this superintendence are courts or tribunals constituted by or under any law relating to the armed forces. unless, therefore, there is anything in article 329 which derogates from ..... its jurisdiction on the ground that the decision is wrong. indeed, it must be shown, before such a writ is issued, that the authority, which passed the order, acted without jurisdiction, or in excess of it, or in violation of the principles of natural justice.' 17. we have, therefore, to see whether these four persons were ..... them parties to the petition, even, after the time prescribed for the presentation of the election petition, it cannot be said that the tribunal acted in excess of its jurisdiction, for it could have given the relief which it gave in the absence of these persons also. 18. a further .....
Tag this Judgment!Court : Chennai
Reported in : AIR1984Mad170; (1984)1MLJ19
..... the governor. (4) nothing in this article shall be deemed to, confer on a high court dowers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces.' 5. supreme court. in dealing with the scope and ambit of art. 227. held in warvam singh v. amarnath. : [1954 ..... . an amendatory legislative power cannot be one of them. it has already been noticed that by a substantive provision in the motor vehicles act the jurisdiction of a claims tribunal is severely confined to adjudication of claims arising out of accident's occurring strictly within the territorial limits of its jurisdiction. it follows that ..... of the supreme court above referred. in (1982) 95 mlw 687. the view taken that when by substantial provisions of the motor vehicles act. jurisdiction of a claims tribunal having been confined to adjudication of claim arising out of accidents occurring strictly within the territorial limits of its jurisdiction. the statutory restriction exi4ting can .....
Tag this Judgment!Court : Chennai
Reported in : (2009)6MLJ365
..... constitution confers on every high court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction excepting any court or tribunal constituted by or under any law relating to the armed forces. without prejudice to the generality of such power the high court has been conferred ..... capricious and perverse' with reference to a proceeding under order 39 rule 1 of the code of civil procedure and observed thus:32. where the lower court acts arbitrarily, capriciously or perversely in the exercise of its discretion, the appellate court will interfere. exercise of discretion by granting a temporary injunction when there is ..... in the plaint. according to the learned senior counsel, by way of the present suit, the revision petitioners are injuncted from encashing the cheques or acting on the basis of the promissory notes. the revision petitioners, being creditors are entitled to decide the mode and manner in which they have to .....
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