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Report No. 58

Trial of disputed questions of fact Methods to reduce delay

5.29. Having regard to the fact that petitions for the issue of writs under Article 226 constitute a fairly large portion of the total civil judicial business of the High Court1, we thought it proper to consider another problem pertaining to this jurisdiction, namely trial of disputed questions of fact.

Accordingly, the following question was included in our Questionnaire:

"Q.6. With respect to the jurisdiction of High Courts under Article 226 of the Constitution, do you favour the same limitations as to inquiry into disputed facts as have been suggested above, in relation to the Supreme Court?"

1. See discussion regarding Q. 5, supra.

Structure and Jurisdiction of the Higher Judiciary Back

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