Supreme Court of India

Surya Dev Rai v. Ram Chander Rai and Ors.

Neutral citation

Reported as [2003] SUPP. 2 S.C.R. 290

Bench R.C. Lahoti and Ashok Bhan JJ.

Decided 7 August 2003

Status Overruled

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

17 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the curtailment of revisional jurisdiction of the High Court does not take away - and could not have taken away - the constitutional jurisdiction of the High Court to issue a writ of cen:orari to a civil court nor the power of superintendence conferred on the High Court under Article 227 of the Constitution is taken away or whittled down.

Judgment, page 20

From the headnote

Constitution of India, 1950: Articles 226 and 227--Code of Civil Procedure, 1908-Section 115(1) proviso (as amended)-Amendment of section 115(1) proviso curtailing· revisional jurisdiction of High Court-Effect of-On the power and jurisdiction of High Court under Articles 226 and 227-Held: Amendment does not affect the jurisdiction of High Court under Articles 226 and 227-0rders and proceedings and also interlocutory orders passed by courts subordinate to High Court against which remedy of revision is excluded by amendment are subject to certiorari and supervisory jurisdiction of High Court

Authorities it was built on

1996 City of Nagpur Corporation v. M/s. Khemchand Khushaldas and Sons and Ors. cited by 9

Where later benches applied it

2023 B. S. Hari Commandant v. Union of India & Ors. relied on
2022 Phoenix Arc Private Limited v. Vishwa Bharati Vidya Mandir & Ors. relied on
2015 Sh Jogendrasinhji Vijaysinghji v. State of Gujarat & Ors. relied on
2014 Sameer Singh and Another v. Abdul Rab and Others relied on
2013 M/s Atlas Cycle (haryana) Ltd. v. Kitab Singh relied on
2011 Devinder Singh v. Municipal Council, Sanaur relied on
2010 Harjinder Singh v. Punjab State Warehousing Corporation relied on
2026 P.suresh v. D.kalaivani referred to
2025 Padi Kaushik Reddy Etc. v. The State of Telangana and Others Etc. referred to
2024 The Vvf Ltd. Employees Union v. M/s. Vvf India Limited & Anr. referred to
2021 K. P. Natarajan & Anr. v. Muthalammal & Ors. referred to
2021 Kiran Devi v. The Bihar State Sunni Wakf Board & Ors. referred to
2019 Vishnu Kumar Tiwari v. State of Uttar Pradesh through Secretary Home, Civil Secretariat Lucknow and Another referred to
2017 Ram Kishan Fauji v. State of Haryana and Ors. referred to
2017 Ajay Singh and Anr. and Etc. v. State of Chhattisgarh and Anr. referred to
2016 Gulshera Khanam v. Aftab Ahmad referred to
2015 Radhey Shyam & Anr. v. Chhabi Nath & Ors. overruled

Of those, 7 relied on · 9 referred to · 1 overruled

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