408 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- There are three classes of cases to be considered:
(a) Where a subordinate Court is subject to the appellate jurisdiction of the High Court, in certain cases, only the right of superintendence exists and its exercise is not confined to cases where a right of appeal lies to the High Court. This special power of superintendence is not as a rule exercised in cases where there is an adequate remedy by other proceedings such as appeal or revision.
(b) In cases in which the High Court has powers of revision over subordinate or where the power of reference to the High Court exists, a modified form of appeal may be said to exist
(c) The power of superintendency may be conferred upon the High Court by the Act constituting the subordinate Court independantly of Section 15 of the Charter Act.
- A Court may be established without being made subject to the superintendence of the High Court.
The Relation of the High Court to other Criminal Courts
Section 15, 107
Each of the High Courts shall have powers of superintendence which may be subject to its appellate jurisdiction and shall have powers to call for returns etc.
What are the Courts subject to its appellate jurisdiction ?
Letters Patent.
The High Court shall be a Court of appeal from the Criminal Courts in the Presidency.
- Pat. L.J. 5817. B Two questions
Sheonandan v/s Emperor 1. Can the High Court have power of Superintendence where it has no power of appeal but has only power of revision or reference ?
- Can there be a Criminal Court in the Presidency which will not be subject to its power of superintendence.