In Tej Bahadur Thapa Vs. Branch Manager of District Central Co-operative Bank Ltd., the Calcutta High Court held that under Article 227 of the constitution, the High Court has Power of superintendence over all courts and tribunals. Thus even though the Consumer Protection Act mentions appeal against order of the State Forum to be done before the National Forum, the the revisional application is very much maintainable before High Court, particularly, when the Court is, prima facie, satisfied on the merit of the case that the finding arrived at by the State Commission is perverse.
In Shri Ram Mandir Indore v. State of Madhya Pradesh, the appellant had contended before the Supreme Court that the Ram Mandir in question is a private temple established by predecessor Gurus and that the properties had been given to the suit temple as Inam and Ram Das was not a mere pujari but the Mahant of the said temple entitled to manage and administer the temple and the suit properties. The appeal was against the judgment of the Madhya Pradesh High Court which had declared the temple as public and the suit property vested in the Deity; and Ram Das and then Bajrang Das are only pujaris and not Mahant-Manager of the temple. The Supreme Court agreeing with the High Court noted the following points :- 1) In 2013, Madhya Pradesh Government published a Directory containing names of all public temples in District Ujjain updating till 31.12.2012, wherein the said temple has been shown as a public temple and Bajrang Das and Ram Das are only shown to be the pujaris. 2)...
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