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1977 Supreme(Guj) 34

B.K.MEHTA, J.B.MEHTA, P.D.DESAI, D.A.DESAI
CHHAGANLAL DEVCHAND – Appellant
Versus
NAVALKUNVAR TALAKCHAND – Respondent


Advocates Appeared: C.T.DAN, J.R.NANAVATI

D. A. DESAI, J.

( 1 ) ALL these writ petitions are directed against the decisions of Tribunals and the question before me sitting singly was whether this Court has now jurisdiction over the decisions of the Tribunals in view of the amendment to Article 227 of the Constitution. The question of general importance was thus raised before me and therefore following reference was made: referred to a larger Bench for decision whether the amended Article 227 has retrospective effect so as to effect pending matters under Article 227 (unamended) either admitted or filed before the amendment and pending admission against the decisions of Tribunals. UNAMENDED Article 227 of the Constitution provided so far relevant that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Thus the Article conferred on High Courts a power of judicial review over the decisions of Courts and Tribunals. Article 227 as amended so far relevant reads as follows:227 Every High Court shall have superintendence over all courts subject to its appellate jurisdiction. The power of judicial review in view of the amended provision






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