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Supreme Court of India 2019-12-10 allowed

Rajendra Diwan vs Pradeep Kumar Ranibala & Anr

Bench: 5 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

This case concerns the constitutional validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which sought to restrict the writ jurisdiction of the High Court over Rent Control Tribunal decisions. The Supreme Court held that the power of the High Court under Articles 226 and 227 of the Constitution is an inviolable basic feature that cannot be abrogated by state legislation. Accordingly, the Court declared Section 13(2) ultra vires the Constitution, null and void. The judgment reaffirms that writ jurisdiction cannot be converted into an appellate forum merely for lack of other appeal provisions, and that the State Legislature lacked competence to enact such a provision.

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Constitutional Law Rent Control Writ Jurisdiction High Court Powers Legislative Competence Basic Structure Doctrine

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