Supreme Court of India
Sameer Singh and Another v. Abdul Rab and Others
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
Resultantly allow the appeal and set aside the impugned order.
Judgment, page 17
From the headnote
Constitution of India, 1950: c Art. 227 - Scope of - Order of executing court holding the application under 0.21, rr.97, 99 and 101 as not maintainable on the ground that the said court had become functus officio - The said order cannot earn the status of a decree as there has been no adjudication - If a subordinate 0 court exercises its jurisdiction not vested in it by law or fails to exercise the jurisdiction so vested, such an order is revisable u/s 115 CPC and after amendment w.e.f 1. 7.2002, the said power is exercised under Art. 227 - Appellants had rightly invoked the jurisdiction of
Authorities it was built on
- 2003 Surya Dev Rai v. Ram Chander Rai and Ors.
- 1952 Keshardeo Chamria v. Radha Kissen Chamhia and Others
- 1997 Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal and Anr.
- 1994 Noorduddin v. Dr. K.L. Anand
- 1994 Bhanwar Lal v. Satyanarain and Anr.
- 1998 Ghasi Ram and Ors. v. Chait Ram Saini and Ors.
- 2006 S. Rajeswari v. S.N. Kulasekaran and Ors.
Where later benches applied it
- 2025 Periyammal (dead) through Lrs & Ors. v. V. Rajamani & Anr. Etc.
- 2023 Smt. Ved Kumari (dead through Her Legal Representative) Dr. Vijay Agarwal v. Municipal Corporation of Delhi through its Commissioner
Of those, 2 referred to
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