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        1954 (1) TMI 29 - SC - Indian Laws

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        Article 227 supervisory jurisdiction extends to tribunals and may correct arbitrary refusal to exercise lawful jurisdiction. Article 227 confers judicial superintendence over subordinate courts and tribunals within the territorial jurisdiction, and that power is not limited to ...
                      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.

                          Article 227 supervisory jurisdiction extends to tribunals and may correct arbitrary refusal to exercise lawful jurisdiction.

                          Article 227 confers judicial superintendence over subordinate courts and tribunals within the territorial jurisdiction, and that power is not limited to administrative control. It is to be exercised sparingly to keep such authorities within the bounds of their lawful jurisdiction, not merely to correct errors. Where the Rent Controller and District Judge declined to do what the law required and thereby refused to exercise vested jurisdiction, supervisory interference was justified. The Judicial Commissioner was therefore competent to interfere, and the ejectment order was upheld.




                          Issues: Whether the Judicial Commissioner had supervisory jurisdiction under Article 227 of the Constitution of India over the Rent Controller and District Judge acting under the East Punjab Urban Rent Restriction Act, 1949, and whether interference with their orders was justified.

                          Analysis: Article 227 extends superintendence to all courts and tribunals functioning within the territories to which the jurisdiction relates. The power is judicial in character and is not confined to administrative control. It is to be exercised sparingly, to keep subordinate courts and tribunals within the bounds of their authority, and not merely to correct errors. Where the subordinate authorities, though appreciating the legal position, refuse to do what the law requires and thereby decline to exercise jurisdiction vested in them, supervisory interference is warranted.

                          Conclusion: The Judicial Commissioner had jurisdiction to interfere, and the order granting ejectment was properly made. The appeal was therefore against the respondent.

                          Final Conclusion: The supervisory power under Article 227 was held to be available against tribunals functioning within the territory and was upheld as a means to correct arbitrary failure to exercise lawful jurisdiction.

                          Ratio Decidendi: Article 227 confers judicial superintendence over subordinate courts and tribunals within the territorial jurisdiction, exercisable sparingly to prevent arbitrary refusal to exercise jurisdiction or action beyond authority.


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                          ActsIncome Tax
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