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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
TASHI RABSTAN, J
Nazir Ahmad Dalal and Others v. Union of India and Others
Headnote: Read headnote
1. This writ petition came up for consideration on 6th April 2016. During course of argument, its maintainability was a starting - point preliminary objection fervently taken by learned counsel for respondents. Having taken preliminary objection as regards maintainability of writ petition and on consensus of learned counsel for parties, the writ petition was heard and reserved for orders.
2. Instant Writ Petition has been filed under Art.226 of the Constitution of India and S.103 of the Constitution of Jammu and Kashmir . Petitioners seek issuance of writ of certiorari to quash order dated 28th May 2014 passed by Chief Judicial Magistrate, Srinagar, (for brevity 'Trial Magistrate'), besides other reliefs. It would be advantageous to reproduce the relief sought by petitioners in writ petition;
a) Issue a writ of certiorari [or] any other appropriate writ to the Hon'ble CBI Court Sri
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, affirming the distinct nature of Article 227.
Judicial orders in criminal cases are not amenable to writ jurisdiction under Article 226, requiring challenges to follow remedies under Article 227, as clarified by statutory provisions.
The court emphasized the necessity of providing a hearing before passing orders affecting parties' rights, reinforcing the supervisory nature of Article 227 over judicial decisions.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, with Article 227 providing distinct jurisdiction.
K. S. Rashid and Sons v. Income Tax Investigation Commission and Ors.
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