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BOMBAY HIGH COURT
V. G. Palshikar, J.
Bharatkumar Agrawal and Others v. M/s. Anita Trust and Another
| Table of Content |
|---|
| 1. legislative amendments' effects on pending revisions. (Para 1 , 2 , 3) |
| 2. arguments for conversions of revision applications evaluated. (Para 4 , 5 , 6) |
| 3. legislative intent and scope of article 227 discussed. (Para 7 , 8 , 9 , 10) |
| 4. limitations on the exercise of article 227 jurisdiction. (Para 11 , 12 , 13 , 14) |
| 5. case laws establishing the supervisory nature of article 227. (Para 15 , 16 , 17 , 18) |
| 6. jurisdiction distinction between statutory and constitutional remedies. (Para 19 , 20 , 21) |
| 7. conclusion against permissible legislative circumvention. (Para 22 , 23 , 24 , 25) |
1.By the Amending Act of 1999, the Parliament of India introduced extensive amendments to the Civil Procedure Code promulgated in 1908 and certain decisive and power curtailing amendments were made to S.115 of the Civil Procedure Code which was earlier extensively amended in 1976. This amendment brought about by the Amending Act of 1999 was brought into force with effect from 1-7-2002.
2. After the application of the amending provisions from 1-7-2002 questions were raised in several Revision Applications either pending in this Court for admission or pending in this Court for final hearing as t
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