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.