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competition

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SAI COMPUTER TYPING INSTITUTE, GULABARA CHHINDWARA [M.P.] CPCT ADMISSION OPEN [संचालक-लकी श्रीवात्री] MOB.-9098909565

created Dec 27th 2024, 04:29 by rajni shrivatri


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354 words
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An innovation has been introduced by the Constitution in the jurisdiction of the High Courts through the all-important article 226 which empowers the High Court to issue direction orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of fundamental rights or for any other purpose. This is a remarkable enhancement in the powers of the High Courts. From the point of view of the writ jurisdiction, the High Courts did not enjoy a co-equal status in the pre-Constitution era. Mainly because of historical reasons, there were artificial and invidious distinctions among the various High Courts. Thus on the eve of enforcement of the new Constitution the position of the High courts with respect to the writ jurisdiction differed. Each High Court could issue a writ of  corpus under section 491,  throughout the territory under its jurisdiction. Each of the three High Courts of Calcutta, Madras and Bombay also had authority to issue other writs within the limits of its ordinary original civil jurisdiction, but no other High Court could issue any writ except habeas corpus. The new Constitution treated all High Courts alike and each High Court now has a writ jurisdiction which is co-terminus with its entire territorial jurisdiction.  
stay order which was curtailed by 42nd Amendment of the Constitution was also restored vide 44th Amendment with this rider that in case of issuing exparte  injunction or stay order, the opposite party after putting appearance could apply for vacation of the exparte injunction or stay order and in that case it will be mandatory for the court to decide the matter within a period of 15 days from that application failing which the exparte injunction or stay order shall stand  vacated. Every High Court is given the power of superintendence over all courts subject to its appellate jurisdiction  The High Court in its supervisory power may call for returns from such courts; make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts and prescribe forms in which books, entries and accounts shall be maintained.
 

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