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1 - 10 of 22 (0.35 seconds)Article 226 in Constitution of India [Constitution]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
Nagendra Nath Bora & Another vs The Commissioner Of Hills Divisionand ... on 7 February, 1958
Similarly, if a finding of fact is based on no
evidence, that would be regarded as an error of law which can be
corrected by a writ of certiorari. In dealing with this category of
cases, however, we must always bear in mind that a finding of fact
recorded by the Tribunal cannot be challenged in proceedings for a
writ of certiorari on the ground that the relevant and material
evidence adduced before the Tribunal was insufficient or inadequate
to sustain the impugned finding. The adequacy or sufficiency of
evidence led on a point and the inference of fact to be drawn from
the said finding are within the exclusive jurisdiction of the
Tribunal, and the said points cannot be agitated before a writ Court.
It is within these limits that the jurisdiction conferred on the High
Courts under Article 226 to issue a writ of certiorari can be
legitimately exercised (vide Hari Vishnu Kamath v. Syed Ahmad Ishaque
1955 (1) SCR 1104, Nagandra Nath Bora v. Commissioner of Hills
Division and Appeals Assam 1958 SCR 1240 and Kaushalya Devi v.
Bachittar Singh AIR 1960 SC 1168).
Section 11A in The Industrial Disputes Act, 1947 [Entire Act]
Mohd. Yunus vs Mohd. Mustaqim & Ors on 4 October, 1983
25.
This court had an occasion to examine this aspect of the matter in
the case of Mohd. Yunus v. Mohd. Mustaqim & Others (1983) 4 SCC
566 . The court observed as under:-
Laxmikant Revchand Bhojwani And Anr vs Pratapsing. Mohansingh Pardeshi ... on 18 September, 1995
This
court again clearly reiterated the legal position in Laxmikant
Revchand Bhojwani & Another v. Pratapsing Mohansingh Pardeshi
(1995) 6 SCC 576. The court again cautioned that the High Court
under Article 227 of the Constitution cannot assume unlimited
prerogative to correct all species of hardship or wrong decisions.
It must be restricted to cases of grave dereliction of duty and
flagrant abuse of fundamental principles of law or justice, where
grave injustice would be done unless the High Court interferes.
Mrs. Rena Drego vs Lalchand Soni, Etc on 5 March, 1998
27.
A three-Judge Bench of this court in Rena Drego (Mrs.) v. Lalchand
Soni & Others (1998) 3 SCC 341 again abundantly made it clear
that the High Court cannot interfere with the findings of fact
recorded by the subordinate court or the tribunal while exercising
its jurisdiction under Article 227. Its function is limited to
seeing that the subordinate court or the tribunal functions within
the limits of its authority.
Virendra Kashinath Ravant And Another vs Vinayak N.Joshi And Others on 11 November, 1998
28.In
Virendra Kashinath Ravat & Another v. Vinayak N. Joshi &
Others (1999) 1 SCC 47 this court held that the limited power under
Article 227 cannot be invoked except for ensuring that the
subordinate courts function within its limits.
Harjinder Singh vs Punjab State Warehousing Corp on 5 January, 2010
10. Recently,
the Apex Court has examined similar aspect in the case of Harjinder
Singh v. Punjab State Warehousing Corporation reported in 2010 AIR
SCW page 1357. Relevant observations are in Para.10, 11are quoted as
under :