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september 2009

Supreme Court of India · 2009-09-18

Home Care Retail Marts P.Ltd vs New Era Fabrics Ltd

Citation / case number
AIRONLINE 2009 SC 364
Court
Supreme Court of India
Petitioner
Home Care Retail Marts P.Ltd
Respondent
New Era Fabrics Ltd
Bench
R.M.Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the High Court's exercise of power under Article 227 of the Constitution to set aside concurrent findings of fact by lower courts was unjustified. The Court emphasized that findings supported by evidence should not be disturbed unless they are perverse or arbitrary. The case involved the interpretation of a Leave and Licence Agreement regarding access rights to a Hypermarket, which the Court determined should be resolved at trial rather than through revisional jurisdiction.

Home Care Retail Marts P.Ltd vs New Era Fabrics Ltd · Niyam