Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2009

Supreme Court of India · 2009-09-18

HOME CARE RETAIL MARTS P.LTD. vs NEW ERA FABRICS LTD.

Citation / case number
SC 2009/23523
Court
Supreme Court of India
Petitioner
HOME CARE RETAIL MARTS P.LTD.
Respondent
NEW ERA FABRICS LTD.

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 the findings of fact must be supported by evidence and should not be disturbed unless perverse or arbitrary. The Court reinstated the lower courts' orders allowing the plaintiff/appellant's application for injunction, affirming that the issue of access rights under the Leave and Licence Agreement should be determined at trial.

HOME CARE RETAIL MARTS P.LTD. vs NEW ERA FABRICS LTD. · Niyam