Artilce 227 of the indian consitution of india.1949
pratik
(Querist) 01 March 2011
This query is : Resolved
34- Civil court not to have jurisdiction –
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993.
35- The provisions of this Act to override other laws –
The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.
227. Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.
Query : So as per the above section & article we can say that The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is over & above the Indian Constitution Of India, 1949. Because section 34 say the word "any court" & section 35 say "notwithstanding" but the article 227 says that 227. Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.
So which will prevail or Apllicable artilce 227 or section 34 or 35 in case of wordings which are narrtaed in the section & articles.
God Bless U ALl.
Thanks In Advance,
Guest
(Expert) 02 March 2011
The constitution of india is supreme over the other acts and rules.All of them were created under the guidance and superintendence the constitution. It is pertinent to note the Highcourt is not a civil court. Also the article 227 has given power to superintent the lower courts/tribunals. if they exceeds their powers they are controlled by writs. Also the savings class of the act it self says the saving proviso. So that it is construded in parallel
Kirti Kar Tripathi
(Expert) 02 March 2011
Naturally Article 227 will prevail. But it does not mean the powers of DRT or ADRT will be curtailed in any ways. Power under Article 227 can only be exercised when DRT or ADRT as the case may be either exceeded its jurisdiction to exercised or fail to exercise. Thus the Hon'ble Court's have their own self imposed restriction to exercised its power in interfering in jurisdiction of other forums.
Guest
(Expert) 02 March 2011
Dear Pratik,
It seems you have tried to confuse the court proceedings of a law suit and the superintendence over the courts on one hand and the Constitution of India and the general law made under the provisions and authority of the Constitution. These are two separate issues. Better try to identify the difference.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
