TMI Blog2004 (2) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... for the petitioner is that the Court should fix instalments. In our opinion under Article 226 of the Constitution the High Court has no power to fix instalments. 3. Fixing instalments is really rescheduling of the loan, which can only be done by the Bank or Financial Institution which granted the loan. A large number of petitions are being filed before us in which the only prayer is that the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including (writs in the nature of habeas corpus, mandamus, prohibition, qua warran to and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.) 5. If we go by the plain wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rits were traditionally issued by the British Court on well established principles, vide Election Commissioner v. Saka Venkat (1953) SCR 1144 : (AIR 1953 SC 210), Basappa v. Nagappa, AIR 1954 SC 440, etc. One of the well established principles, on which the British Court issued writs was that a writ of certiorari will issue only when there is error of law apparent on the face of the record and a m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot, 2003 All LJ 980, G. Basi Reddy v. International Crops Research Institute, 2003 (2) All WC 1199 (SC) : (AIR 2003 SC 1764), Federal Bank Ltd. v. Sagar Thomas (2003) 3 UPLBEC 2728 : (AIR 2003 SC 4325), Anil Kumar Agarwal v. U. P. Stock Exchange, 2004 (1) AWC 280 : (2004 All LJ 365) etc. 8. We have elaborated on this because a large number of petitions are being filed in this Court in which the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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