AIR 1952 SUPREME COURT 319 ::(1952) 90 Cal LJ 133

Supreme Court Of India

(From Punjab: AIR 1952 Punjab 1)

Hon'ble Judge(s): M. Patanjali Sastri, Mehr Chand Mahajan, B. K. Mukherjea, S. R. Das, Vivian Bose , JJJ

(A) Civil P.C. (5 of 1908) , O.22 R.6— Applicability - Proceedings under Administration of Evacuee Property Ordinance (1949). Administration of Evacuee Property Act (31 of 1950) , S.45(c)— The principle of O. 22, R. 6, Civil P. C. is applicable to proceedings under the Administration of Evacuee Property Ordinance. Thus an order written out and signed by @page-SC320 the Custodian General prior to the death of the party affected but pronounced after the death of the party is not invalid on the principle of O. 22, R. 6.(Para 10 11) Anno: C. P. C., O. 22 R. 6 N. 1. (B) Constitution of India , Art.226— Certiorari - Writ of - Conditions for issue of writ - Mere wrong decision is no ground. Administration of Evacuee Property Act (31 of 1950) , S.24— A. writ of certiorari cannot be granted to quash the decision of an inferior court within its jurisdiction on the ground that the decision is wrong. It must be shown before such a writ is issued that the authority which passed the order acted without jurisdiction or in excess of it or in violation of the principles of natural justice. Once it is held that the court has jurisdiction but while exercising it, it ....