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2008 Supreme(Gau) 339

I.A.ANSARI
Food Corporation of India – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.K. Phookan, P.K. Roy, U.K. Nair, S.K. Chakraborty and A. Chakraborty, Advs.
For Respondents/Defendant: N. Dutta, A.M. Mazumdar, A. Roshid and H. Choudhury, Advs.

JUDGMENT

I.A. Ansari, J.

1. What is a writ of certiorari?. When can a High Court issue a writ of certiorari or an order or direction in the nature of a writ of certiorari? What is the difference, if any, between the High Court's power to issue a writ of certiorari or an order or direction in the nature of a Writ of certiorari under Article 226 of the Constitution of India, on the one hand, and its power to issue a writ of certiorari or a direction or order in the nature of a Writ of certiorari under Article 227 of the Constitution of India, on the other?. Whether a writ of certiorari can be issued against a decree, which has been passed by a Court, which had no civil jurisdiction?. Whether a writ of certiorari can be issued, in such a case, by a High Court in exercise of its powers under Article 226 and, if so, when? Whether a decree passed by court, 'X', which is subordinate to a High Court, 'Y', can be challenged in a High Court, 'Z', on the ground that the decree, which has been passed by the court, 'X', is without jurisdiction, inasmuch as the court, which had been passed the decree, had no civil jurisdiction and that the decree is likely to be executed within the territorial lim











































































































































































































































































































































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