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        Case ID :

        2004 (3) TMI 746 - SC - Indian Laws

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        Article 227 supervisory power may support interim maintenance relief, while special leave was declined on the facts stated. The High Court's supervisory power under Article 227 is to be exercised sparingly, but it may issue appropriate directions to an inferior court or ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Article 227 supervisory power may support interim maintenance relief, while special leave was declined on the facts stated.

                          The High Court's supervisory power under Article 227 is to be exercised sparingly, but it may issue appropriate directions to an inferior court or tribunal and, in a suitable case, pass the order that ought to have been made, including interim relief such as maintenance for a deserted woman where the subordinate court has failed to act. On the facts stated, the grievance did not justify interference by special leave. Leave to appeal was declined, and the petitioner was directed to pursue appropriate interim and urgent relief before the High Court in accordance with law.




                          Issues: Whether leave to appeal should be granted against the High Court's order and whether the High Court, in exercise of supervisory jurisdiction under Article 227 of the Constitution of India, could grant suitable interim relief including maintenance to a deserted woman when the subordinate court had failed to do so.

                          Analysis: The order recognises that the High Court's power of superintendence under Article 227 is to be exercised sparingly, but it includes the authority to give appropriate directions to an inferior court or tribunal and, in a suitable case, to pass such order as ought to have been made. On the facts stated, the petitioner's grievance did not justify interference by way of special leave. The petitioner was directed to seek appropriate interim and urgent relief before the High Court, which was expected to consider such request in accordance with law.

                          Conclusion: Leave to appeal was declined, and the petitioner was left to pursue appropriate relief before the High Court.


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                          ActsIncome Tax
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