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1 - 10 of 21 (0.49 seconds)Article 226 in Constitution of India [Constitution]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 115 in The Transfer Of Property Act, 1882 [Entire Act]
The Code Of Civil Procedure (Amendment) Act, 2002
M/S Garment Craft vs Prakash Chand Goel on 11 January, 2022
26. It is well settled that the jurisdiction and scope of this Court
under Article 227 of the Constitution is limited and should be
exercised sparingly and cautiously. This jurisdiction is not meant to
correct every error but is limited to ensuring that the subordinate
courts operate within their jurisdiction and do not commit gross abuse
of power. The Hon'ble Supreme Court in Garment Craft v. Prakash
Chand Goel5 summarized the scope and ambit of the supervisory
power under Article 227 as follows:
Sh. Prakash Chand Goel vs M/S Garment Craft on 9 January, 2019
"15. Having heard the counsel for the parties, we are clearly of
the view that the impugned order [Prakash Chand Goel v.
Garment Craft, 2019 SCC OnLine Del 11943] is contrary to law
and cannot be sustained for several reasons, but primarily for
deviation from the limited jurisdiction exercised by the High
Court under Article 227 of the Constitution of India. The High
Court exercising supervisory jurisdiction does not act as a court
of first appeal to reappreciate, reweigh the evidence or facts
upon which the determination under challenge is based.
Supervisory jurisdiction is not to correct every error of fact or
even a legal flaw when the final finding is justified or can be
supported. The High Court is not to substitute its own decision
on facts and conclusion, for that of the inferior court or tribunal.
Celina Coelho Pereira & Ors vs Ulhas Mahabaleshwar Kholkar & Ors on 30 October, 2009
[Celina Coelho Pereira v. Ulhas Mahabaleshwar Kholkar,
5
(2022) 4 SCC 181
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR CM(M) 515/2025 Page 8 of 12
BHATIA
Signing Date:29.04.2025
11:31:34
(2010) 1 SCC 217: (2010) 1 SCC (Civ) 69] The jurisdiction
exercised is in the nature of correctional jurisdiction to set right
grave dereliction of duty or flagrant abuse, violation of
fundamental principles of law or justice. The power under
Article 227 is exercised sparingly in appropriate cases, like
when there is no evidence at all to justify, or the finding is so
perverse that no reasonable person can possibly come to such a
conclusion that the court or tribunal has come to. It is axiomatic
that such discretionary relief must be exercised to ensure there is
no miscarriage of justice.
M/S. Estralla Rubber vs Dass Estate (Private) Ltd on 12 September, 2001
16. Explaining the scope of jurisdiction under Article 227, this
Court in Estralla Rubber v. Dass Estate (P) Ltd. [Estralla Rubber
v. Dass Estate (P) Ltd., (2001) 8 SCC 97] has observed: (SCC
pp. 101-102, para 6)
"6. The scope and ambit of exercise of power and
jurisdiction by a High Court under Article 227 of the
Constitution of India is examined and explained in a
number of decisions of this Court. The exercise of
power under this article involves a duty on the High
Court to keep inferior courts and tribunals within the
bounds of their authority and to see that they do the
duty expected or required of them in a legal manner.