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may 1954

Supreme Court of India · 1954-05-05

T. C. BASAPPA vs T. NAGAPPA AND ANOTHER.

Citation / case number
SC 1954/90368
Court
Supreme Court of India
Petitioner
T. C. BASAPPA
Respondent
T. NAGAPPA AND ANOTHER.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court clarified the principles governing the issuance of a writ of certiorari under Article 226 of the Constitution of India, emphasizing that it is not an appellate power but a supervisory one. The Court held that certiorari can only be granted to correct manifest errors apparent on the face of the proceedings, particularly in cases of excess or absence of jurisdiction. In this case, the Court found that the High Court erred in issuing certiorari as sufficient grounds were not established, thus upholding the lower court's decision.

T. C. BASAPPA vs T. NAGAPPA AND ANOTHER. · Niyam