SHYAMARAJU HEGDE versus U. VENKATESHA BHAT & ORS.

SHYAMARAJU HEGDE versus U. VENKATESHA BHAT & ORS.

High Court can entertain a revision under section 115 CPC read with section 50(1) of the Karnataka Rent Control Act, 1961 against an order by the District Judge in exercise of his revisional jurisdiction under section 50(2); previous binding Supreme Court authorities and the absence of express statutory exclusion support this.

Parties
Appellant: Shyamara Hegde; Respondents: U. Venkatesha Bhat & Ors.
Jurisdiction
India
Judgment Date
25 September 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Dismissal of Revision Petition by Karnataka High Court
Outcome
Appeal allowed
Legal Topics
Revisional Jurisdiction, Binding Authority of Supreme Court Judgments
Rent Control Civil Procedure Revisional Jurisdiction Binding Authority of Supreme Court Judgments

Case Brief

Summary, issues, holding and outcome

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Parties

Shyamara Hegde

Appellant

U. Venkatesha Bhat & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Dismissal of Revision Petition by Karnataka High Court

Legal Issues

  1. 1 Whether a revision application under section 115 CPC read with section 50(1) of the Karnataka Rent Control Act, 1961 is maintainable when a District Judge has made an order in his revisional jurisdiction under section 50(2) of the Act
  2. 2 Whether the 'finality' of the District Judge's order precludes High Court revisional jurisdiction
  3. 3 Judicial propriety and binding nature of Supreme Court decisions

Ratio Decidendi

High Court can entertain a revision under section 115 CPC read with section 50(1) of the Karnataka Rent Control Act, 1961 against an order by the District Judge in exercise of his revisional jurisdiction under section 50(2); previous binding Supreme Court authorities and the absence of express statutory exclusion support this.

Court Disposition

Appeal allowed

Orders

  • Judgment of Karnataka High Court set aside
  • Earlier Full Bench decision in Krishnaji's case declared to hold the field