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february 1958

Supreme Court of India · 1958-02-07

NAGENDRA NATH BORA & ANOTHER vs THE COMMISSIONER OF HILLS DIVISIONAND APPEALS, ASSAM, AND

Citation / case number
SC 1957/60137
Court
Supreme Court of India
Petitioner
NAGENDRA NATH BORA & ANOTHER
Respondent
THE COMMISSIONER OF HILLS DIVISIONAND APPEALS, ASSAM, AND
Bench
BHAGWATI, NATWARLAL H.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER,KAPUR, J.L.,GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court ruled that under Article 226 of the Constitution, the High Court cannot issue a writ of certiorari to quash an error of fact, only an error of law apparent on the face of the record. The Court emphasized that the jurisdiction of the High Court is limited to ensuring that judicial or quasi-judicial bodies do not exceed their statutory authority. Consequently, the High Court's interference with orders made by the Excise Appellate Authority under the Assam Excise Act was deemed without jurisdiction, leading to the setting aside of the High Court's orders.

NAGENDRA NATH BORA & ANOTHER vs THE COMMISSIONER OF HILLS DIVISIONAND APPEALS, ASSAM, AND · Niyam