Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Letters Patent Appeal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Letters Patent Appeal (LPA) against order passed in Writ petition u/Art. 226/227 – Maintainability of – Held: The Writ petition against order of Appellate Officer (District Judge) under Public Premises Act, was a petition against order of a civil judge – Such order is amenable to scrutiny of High Court only in exercise of jurisdiction u/Art. 227 and not u/Art. 226 – Therefore, LPA against order in Writ Petition u/Art. 227 was not maintainable – Public Premises (Eviction of Unauthorised Occupants) Act, 1971 – s. 9 – Constitution of India – Arts. 226 and 227. Public Premises (Eviction of Unauthorised Occupants) Act, 1971: s.9 – Order of District Judge – In exercise of power u/s. 9 as an Appellate Officer – Whether such order is passed in capacity of a Civil Court or persona designata – Held: Power exercised by Appellate Officer u/s. 9 is a judicial power and not executive power – District Judge of the City Civil Court and other judicial officers of these courts constitute a class and cannot be considered as persona designata – Legislative intent behind providing an appeal u/s. 9 before Appellate Officer to be District Judge is indicative of the fact that the power to be exercised by the Appellate Officer is not in his capacity as a persona designate, but a judicial Officer – Therefore, the Appellate Officer while exercising power u/s. 9 does not act as a persona designata, but in his capacity as a pre-existing judicial authority in the district i.e. District Judge. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 178 |
Petitioner | Life Insurance Corporation Of India |
Respondent | Nandini J. Shah & Ors. |
SCR | [2018] 2 S.C.R. 277 |
Judgement Date | 2018-02-20 |
Case Number | 15536 |
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