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1972 Supreme(Mad) 155

K.VEERASWAMI, RAGHAVAN
Aswini Transports (P) Ltd. , Pollachi – Appellant
Versus
Pollachi Roadways (P) Ltd. – Respondent


Advocates:
K. K. Venugopal for S. Parthasarathi, for Appellants; Govt. Pleader, for Respondents.

Judgement

K. VEERASWAMI, C.J. :- The appellants had filed petitions under Article 226 of the Constitution in which rules nisi went out. They related to grant of stage carriage permit and sought certiorari against the orders of the Transport Appellate Tribunal dated respectively 28-11-1969 and 8-2-1971. On 30-7-1971 the Motor Vehicles (Tamil Nadu Second Amendment) Act 1971, was passed which has force from 18-6-1971. Section 10 of the Amending Act provides :-

"Revision by High Court : The State Transport Appellate Tribunal shall be deemed to be a court subordinate to the High Court for the purposes of Section 115, Civil Procedure Code, 1908 (Central Act V of 1908), and its orders shall be liable to revision by the High Court under the provisions of the said section".

In 1962, Issardas S. Lulla v. Smt. Hari, AIR 1962 Mad 458, held that Article 226 of the Constitution did not clothe the High Court with jurisdiction to quash orders of the subordinate courts. Since then that has been the practice of this court. So, on and from 18-6-1971, since the Tribunal has to be regarded as a civil court subordinate to the High Court for purposes of Section 115, Civil Procedure Code, on the ground that






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