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2005 Supreme(Ker) 61

B.SUBHASHAN REDDY, A.K.BASHEER
Kerala Streevedi – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

B. Subhashan Reddy, CJ.

This writ petition has been filed pro bono publicio seeking invocation of the powers of this Court under Article 228 of the Indian Constitution.

2. Article 228 of the Constitution is an express indication of conferment of extra-ordinary powers on the High Court to withdraw any case from any court subordinate to it for adjudication involving a substantial question of law as to the interpretation of the Constitution. In our constitutional scheme, the power of judicial review is conferred on the courts. Such power vested in the High Court is to the exclusion of any court subordinate to it. It is also clear from Sections 113 of the Code of Civil Procedure and Section 395 of the Code of Criminal Procedure. Section 113 of the C.P.C. reads as follows:

“113. Reference to High Court: Subject to such conditions and limitations as may be prescribed, any court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:

Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision co


















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