https://www.taxtmi.com/caselaws?id=187849 A writ court that allows an amendment introducing a constitutional challenge must adjudicate that challenge before disposing of the petition. The text states that the High Court could not dismiss the writ petition without examining the newly raised challenge to Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. It also notes the principle that a statutory court cannot itself determine constitutional validity, and that Section 113 CPC operates only within its proviso; because a Division Bench had already decided the question, Section 113 was said to be inapplicable. The matter was remitted for fresh adjudication on merits. en-us Wed, 16 Jul 2003 00:00:00 +0530 Mon, 15 Jul 2024 19:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=187849 A writ court that allows an amendment introducing a constitutional challenge must adjudicate that challenge before disposing of the petition. The text states that the High Court could not dismiss the writ petition without examining the newly raised challenge to Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. It also notes the principle that a statutory court cannot itself determine constitutional validity, and that Section 113 CPC operates only within its proviso; because a Division Bench had already decided the question, Section 113 was said to be inapplicable. The matter was remitted for fresh adjudication on merits. Case-Laws Indian Laws Wed, 16 Jul 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=187849