Court : Allahabad
Decided on : Feb-21-1951
Reported in : AIR1951All667
..... interfere with a mag.'s order in a proceeding under chap. xii, if it was totally without legal foundation or legislative authority or if the provisions of the chapter had not been complied with. in balkrishna govind kulkurni's case, macleod c. j. pointed out at p. 612 that the h. c. had responsibility for ..... direction in a case under section. 145, cr. p. c. this ct. revised a subordinate ct.'s order passed under section 36 of the legal practitioners' act in chaturbhuj v. e. according to the special bench, which decided the case of balkrishna hari phansalker, the power of superintendence included that of superintendence not only ..... . 442:'this ct. exercises a vigilant watch over the proceedings of inferior cts., & successfully prevents them from usurping powers which they do not possess, or otherwise acting contrary to law, it would seem almost a natural corollary that it should possess correlative powers of guarding them against unlawful attacks & interferences with their independence on the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-20-1951
Reported in : AIR1952All63
..... the u. p. court of wards. it is necessary at this stage to understand the provisions of the court of wards act under which the notices were issued.4. chapter in of the act consisting of sections 8 to 16, both inclusive, deals with the assumption of superintendence of persons and property of disqualified proprietors. ..... recognised as, courts of justice. wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.' rex v. electricity ..... authority; (2) that the authority should determine questions affecting rights of persons (3), that in determining these questions the tribunal should be under a duty to act judicially and (4) that in determining those questions there should be excess of jurisdiction. the observations of lord atkin, quoted above, make it perfectly clear .....
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