Supreme Court of India
Kalpesh Hemantbhai Shah v. Manhar Auto Stores through its Partner & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the High G Court had no jurisdiction under Articles 226 and 227 of the Constitution of India to interfere with or alter a finding of fad arrived at by an Appellate Court deciding the question of personal necessity of a landlord in a landlord-tenant dispute. 26 SUPREME COURT REPORTS [2014] 5 S.C.R. A For the reason aforesaid, the judgment passed by the High Court cannot be upheld.
Judgment, page 6
From the headnote
Constitution of India. 1950 Articles 226, 227 - Jurisdiction of High Court under - Held: High Court u/Article 227 has jurisdiction to correct the error if apparent on the face of the record - However, u/Articles 226 and 227, it has no jurisdiction to interfere with or alter a finding of fact arrived at by an appellate court - In the instant case, claim of the appellant-landlord to use the premises for personal necessity was a question of fact which was decided by the appellate court in favour of landlord on appreciation of evidence - The appellate court came to a definite conclusion that the
Authorities it was built on
Where later benches applied it
- 2021 S. Karthik & Ors. v. N. Subhash Chand Jain & Ors.
- 2020 Council of Architecture v. Mr. Mukesh Goyal & Ors.
- 2018 Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd. and Etc.
Of those, 3 mentioned
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