1926 (10) TMI 2

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e of the Court of Small Causes to call up their orders passed in the matter of Rao Bahadur Latchmanan Chettiar declaring him to be disqualified as a candidate at the election about to be held to select a councillor for the 29th Division of this City. Our interference is invoked on the ground that both these officers acted without jurisdiction and that therefore their orders should be quashed. In s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... only on grounds not appearing on the face of the nomination paper. Mr. Mockett has taken the preliminary objection that certiorari will not lie where the person who applies for that writ has by his conduct taken the chance of a pronouncement in his favour by the Lower Court on the merits. Mr. Krishnaswami Aiyangar for the petitioner has frankly conceded that his client did argue the case on the m .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... bject to the jurisdiction of the Court whose order is sought to be quashed only debars the applicant when the objection is one involving the investigation of facts which were or should have been within the knowledge of the applicant when he was before the Lower Court, and does not apply to a contention of law. We see no warrant in the cases for drawing any such distinction, because in our opinion .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X