Constitution of India, 1950
Article 227—Supervisory jurisdiction—Exercise of—High Court, in exercise of its powers under Article 227 of the Constitution, cannot act as a court of appeal over the orders of the subordinate courts—Parameters for interference by the High Court in exercise of its supervisory powers are very limited—It is only if there is gross and manifest failure of justice or if the basic principles of natural justice have been flouted that the High Court would interfere with the orders passed by the subordinate courts.
[Para 20]
Protection of Women from Domestic Violence Act, 2005
Section 29—Appeal against interim order—Maintainability—In absence of any specific bar, an interim order, which is included in the definition of ‘order’ cannot be kept outside the purview of Section 29 of the Protection of Women from Domestic Violence Act—An appeal would be maintainable against an interim order passed by a Magistrate under Section 23 of the Domestic Violence Act.
[Paras 8 to 13]
Section 23—Enhancement of interim monetary compensation in an appeal—Challenged—Conclusions arrived at by the Sessions Judge are backed by cogent reasons and the material on record—Impugned order warrants no interference in exercise of jurisdiction under Article 227 of the Constitution of India—Petition dismissed.
[Para 21]