Supreme Court · 2014 INSC 238 · Decided 1 April 2014
Kalpesh Hemantbhai Shah v. Manhar Auto Stores Through Its Partner & ORS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 238 · [2014] 5 S.C.R. 20
- Case number
- CIVIL APPEAL No. 4266/2014
- Decided
- 1 April 2014
- Bench
- S. J. MUKHOPADHAYA, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226, 227; Rent Control Act; Maharashtra Rent Control Act Section 7(5)
Headnote
C 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 of fact arrived at D 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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)