N.K.Assumi (Advocate) 20 July 2009
Is there any laws which can mancle the power and Jurisdiction of Supreme Court in exercising its power under Article 136 of the Constitution of India by the existence of alternative remedy like the Letters Patent Appeal from the decision of a Single Judge or by any other Statues short of Constitutional Amendment?
Swami Sadashiva Brahmendra Sar (Nil) 20 July 2009
Technically there is no bar on powers of supreme court under Art. 136 and it may entertain SLP even against an order of a lowest court or tribunal. But, normally the supreme court would not permit to bypass a remedy before a higher court or forum. therefore, where letters patent appeal is provided the supreme court will not directly interfere with the orders of single judge. further bypassing the remedy of letters patent appeal the appellant himself will lose an opportunity/ forum of appeal.
N.K.Assumi (Advocate) 22 July 2009
Dear Dr.Trpathi,Thank you for your erudite respond. To barrow the language style of Jurist P.P.Rao, " You know I dont appreciate Supreme Court normally by passing the Statues when the statues are clear you know" Constitution having trusted on the wisdom of Supreme Court it should exercise that trust with well established pinciples and for the cause of justice to avoid grave injustice, you know"
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