Supreme Court of India · 1952-05-26
EBRAHIM ABOOBAKAR AND ANOTHER vs CUSTODIAN GENERAL OFEVACUEE PROPERTY.
- Citation / case number
- SC 1952/103
- Court
- Supreme Court of India
- Petitioner
- EBRAHIM ABOOBAKAR AND ANOTHER
- Respondent
- CUSTODIAN GENERAL OFEVACUEE PROPERTY.
- Bench
- MAHAJAN, MEHR CHAND
Judgment text excerpt
The Supreme Court ruled that a writ of certiorari cannot be issued to quash a decision of an inferior court merely because it is wrong; it must be shown that the court acted without jurisdiction or violated natural justice principles. The Court clarified that if an inferior tribunal has the power to determine preliminary facts for jurisdiction, its decision on those facts can be questioned if it acts without jurisdiction. The Court held that an order by an Additional Custodian refusing to declare a person an evacuee is appealable under Section 7 and Section 24 of the Bombay Evacuees (Administration of Property) Act, 1949.