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.