Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The Supreme Court held that the execution proceedings and original proceedings are separate and independent. An appeal under S. 23 of the Consumer Protection Act will not lie to Supreme Court against an order which has been passed in the course of execution proceedings. An appeal under S. 23 is maintainable against an order which has been passed by NCDRG on a complaint where the value of goods or services and compensation, if any, claimed, exceeds the threshold which is prescribed. Hence the appeal under S. 23 of the CP Act against the order in execution dismissed as being non-maintainable.