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Report No. 58

Two important procedural aspects

2.25. We are not, at the moment, concerned with a consideration of the scope of this jurisdiction. But, in order that this jurisdiction of the High Court may be exercised in the true spirit in which it is intended to be exercised and also in order that justice may be done to all parties concerned who are likely to be affected by the exercise of this jurisdiction, it appeared desirable to examine a few aspects of the jurisdiction. This was not an academic exercise, because the very large number of petitions under Article 226 which are filed and disposed of in almost every High Court, justified a look at some of the procedural aspects, not with the object of any unnecessary tampering with the present rules, but with the object of ensuring that the power of the High Court is exercised in the best interests of justice.

Two matters appeared to require attention; first, the question of interim orders issued on such petitions for the duration of the main proceedings, and secondly, the trial of disputed questions of fact in such proceedings. These questions are also relevant to the similar jurisdiction of the Supreme Court exercisable under Article 32 of the Constitution.



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