Article 227 Confers Supervisory Jurisdiction, High Court Cannot Consider Such Submissions That Were Not Raised Before Court Below

Case: Kushal Anand V. Mandhir Sachdeva

Coram: Justice Hari Shankar

Case No.: CM(M) 681/2022

Court Observation: “The court is only required to examine whether the authority which has passed the impugned order has, in doing so, exposed itself to supervisory correction. The power conferred on the High Court by Article 227 is a power of superintendence and not a power of judicial review. An implicit corollary is that the manner of exercise of its jurisdiction by the court or forum below cannot be gauged on the basis of submissions which were never advanced before it. In my considered opinion, therefore, a submission which was never advanced by the petitioner before the court or forum whose order is assailed under Article 227, cannot be raised before the High Court either.”

Previous Posts

Section 11(6A) Arbitration Act Does Not Prevent Courts From Considering Issue Of Arbitrability: Supreme Court

S.138 NI Act: Evidence Of Power Of Attorney Holder Not Credible Unless They Possess Due Knowledge Of The Transaction: Kerala High Court

Suits Against Govt: Refusal Of Interim Relief After Grant Of Leave To File Suit Without Notice U/S 80 CPC Does Not Require Return Of Plaint: J&K&L High Court

Can’t Presume That No Rules For Promotion Exist Merely Because Order Sanctioning The Post Does Not Indicate Such Rules: Uttarakhand High Court

S.50 Evidence Act: Non-Production Of School Docs To Establish Relationship No Ground To Disbelieve Person With Special Knowledge Of Relation: Karnataka HC

Money Decree/Certificate Of Recovery In Favour Of Financial Creditor Gives Fresh Cause Of Action To Initiate CIRP U/s 7 IBC: Supreme Court Download Judgement

Keywords

Article 227 Confers Supervisory Jurisdiction, Submissions That Were Not Raised Before Court, Article 227, Supervisory Jurisdiction