AIR 1968 PUNJAB AND HARYANA 216

Punjab And Haryana High Court

Hon'ble Judge(s): A. N. Grover, P. C. Pandit, R. S. Narula , JJJ

(A) Civil P.C. (5 of 1908) , S.109, O.45 R.3— Certificate for leave to appeal to Supreme Court - Contrary Supreme Court's decision not brought to the notice of Pull Bench of High Court when appeal was argued - Held leave should not be granted merely because judgment of Full Bench (AIR 1968 Punjab 10) could not be regarded as correct in the light of SC decision. Constitution of India , Art.133— (Para 4) (B) Constitution of India , Art.133, Art.136, Art.226, Art.227— High Court and Supreme Court have jurisdiction where inferior tribunal acted beyond jurisdiction. High Court and Supreme Court while hearing an appeal from the high Court decision can exercise jurisdiction under Articles 226 and 227 where it is found that inferior tribunal has acted beyond its jurisdiction. Such action of the tribunal necessarily results in injustice. For justice has to be done according to law. Civil Appeal No. 457 of 1958, D/-26-03-1962 (SC), Rel. on.(Para 3) (C) Constitution of India , Art.133(1)(c)— Point raised already settled by Supreme Court - Case cannot be certified as a fit one for appeal to Supreme Court. (Para 4) ....