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B.I.F.R. vs Cmd, Aps Star Industries Ltd. And 27 Ors. on 9 January, 2006 cites

Kamdar Ladat Simiti Of Nanikram Shobraj ... vs Nanikram Shobraj Mills Ltd. on 17 June, 2004

31. While reaching to this conclusion, the Court derives support from its earlier decision rendered in the case of Kamdar Ladat Samiti of Nanikram Shobhraj Mills Ltd. & Associated Units v. Nanikram Shobhraj Mills Ltd. and Ors. [2005] 46 (1) G.L.R. 166 wherein the Court has observed that a judicial review is not an appeal from a decision but a review of the manner in which the decision is made. The Court sits in judgment only on the correctness of the decision itself. It is by now well settled that jurisdiction under Article 226 is an original jurisdiction but that it is not an ordinary original jurisdiction but an extraordinary original jurisdiction. Article 226 is couched in the widest possible terms and in absence of clear bar to its jurisdiction, the power under the Article can be exercised when there is any act which is against any provision of law or violative of the constitutional provisions and when recourse cannot be had to the provisions of a statute for appropriate relief. The powers under the Article are discretionary and there are no limits upon that discretion. Therefore, the discretion has to be exercised subject to certain self-imposed limitations and not arbitrarily. The High Court does not sit as an appellate Court : interference with pure findings of fact and appreciation of evidence is not permissible. Re-appreciation of evidence cannot be undertaken. Even if on some set of facts, circumstances and evidence on record, a different view may be possible that by itself is not enough to permit the High Court to intervene. A mere wrong decision does not clothe the High Court with jurisdiction, unless it is shown that the Tribunal has reached a decision without any evidence in support of same, or that it has considered evidence which is partly relevant and partly irrelevant.
Gujarat High Court Cites 19 - Cited by 5 - Full Document
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