1️⃣ Waryam Singh v. Amarnath (AIR 1954 SC 215)

 Background:

This was a writ petition under Article 226 before the Punjab High Court where a lower court had dismissed a petition without considering important jurisdictional aspects. The petitioners went to the Supreme Court under Article 136.

 Issue:

What is the scope of Article 227 (supervisory jurisdiction) in comparison to appellate powers?

 Judgment:

The Supreme Court ruled that the High Court has supervisory powers under Article 227 over all lower courts and tribunals, but this power is not the same as appellate power.

 Legal Principle:

• Supervisory jurisdiction (Art 227) corrects only jurisdictional and procedural errors.
• Appeal allows complete review of facts and law.
• Supervisory power must not be used to act as an appellate court.

 Importance:

This judgment clearly demarcates appeal vs revision vs supervisory jurisdiction, a key learning point for law students and young lawyers.

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2️⃣ Collector v. Kajjer Singh (2005) 5 SCC 246

 Background:

The issue arose when a party filed an appeal despite no provision under the concerned statute allowing it. The Collector had passed an order, and the party tried to challenge it via appeal.

 Issue:

Is appeal an inherent right or must it be specifically granted by statute?

 Judgment:

The Court held that there is no inherent right to appeal. If the statute does not provide for it, it cannot be assumed.

 Legal Principle:

• Appeal is not a natural right, but a statutory creation.
• If law does not provide for an appeal, courts cannot permit it out of equity or sympathy.

 Importance:

This judgment shuts down misuse of appellate processes and reinforces the rigid statutory nature of appeals.

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3️⃣ Shiv Shakti Co-op. Housing Society v. Swaraj Developers (2003) 6 SCC 659

 Background:

A party bypassed the right to appeal and instead filed a revision petition under Section 115 CPC.

 Issue:

Can a revision petition be entertained when appeal is available?

 Judgment:

The Supreme Court ruled that if an appeal is allowed, the revision petition cannot be maintained.

Legal Principle:

• Section 115 CPC (Revision) is not a substitute for an appeal.
• Revision is available only when no appeal lies.
• Prevents litigants from forum shopping and filing multiple proceedings.

 Importance:

Highly important for CPC interpretation and for ensuring judicial discipline.

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4️⃣ K.K. Patel v. State of Gujarat (2000) 6 SCC 195

 Background:

K.K. Patel was convicted by a lower court. Instead of a regular appeal, there was confusion about whether he should file an appeal or revision.

 Issue:

What is the real difference between an appeal and a revision?

 Judgment:

The Court stated that an appeal is a re-hearing, where both facts and law can be questioned. A revision is only for jurisdictional or legal errors.

 Legal Principle:

• Appeal = re-examination of facts + law.
• Revision = limited to legality/jurisdiction errors, no re-appreciation of evidence.

Importance:

Perfect for law students preparing for judiciary or civil judge exams. Clarifies a common conceptual doubt.

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5️⃣ Babulal v. Hazari Lal (1982) 1 SCC 525

 Background:

In a second appeal under Section 100 CPC, the High Court reversed the lower court without framing a substantial question of law.

 Issue:

Can the High Court decide a second appeal without identifying the substantial question of law?

 Judgment:

The Supreme Court held that the High Court must frame and address a substantial question of law before hearing the second appeal.

 Legal Principle:

• Section 100 CPC restricts second appeals to questions of law, not facts.
• High Court’s power is limited and controlled.
• Any second appeal without framing such question is invalid.

 Importance:

Mandatory reading for understanding second appeal limitations and High Court jurisdiction.

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