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NAGENDRA NATH BORA & ANOTHER vs. THE COMMISSIONER OF HILLS DIVISION AND APPEALS, ASSAM. AND OTHERS

SCR Citation: [1958] 1 S.C.R. 1240
Year/Volume: 1958/ Volume 1
Date of Judgment: 07 February 1958
Petitioner: NAGENDRA NATH BORA & ANOTHER
Disposal Nature: Appeals Allowed
Neutral Citation: 1958 INSC 5
Judgment Delivered by: Hon'ble Mr. Justice Bhuvneshwar Prasad Sinha
Respondent: THE COMMISSIONER OF HILLS DIVISION AND APPEALS, ASSAM. AND OTHERS
Case Type: CIVIL APPEAL/668/1957
Order/Judgment: Judgment
1. Headnote

High Court, Powers of-Writ of certiorari, if can be issued to quash an error of fact apparent on the face of the record Judicial Supervision, Scope of-Appellate Authority if and when acts in quasi-judicial capacity-Test-Plea of failure of natural justice, when can be entertained-Constitution of India; Arts. 226, 227-Eastern Bengal and Assam Excise Act, 1910 (E. B. & Assam Act I of 1910) as amended bv Art. 23 of 1955. s. 9. Rule 343

The High Court has no power under Art. 226 of the Constitution to issue a writ of certiorari in order to quash an error of fact, even though it may be apparent on the face of the record. It can do so only where the error Is one of law and that is apparent on the face of the record. Any error of law or fact which it can correct as a court of appeal or revision cannot be a ground for the exercise of its power under that Article. 

Hari Vishnu Karnath v. Syed Ahmed lshaque and others [1955] 1 S.C.R. 1104, relied on

Queen. v. James Bolton, U841) (1) Queen's Bench 66, King v. Nat Bell Liquors, Limited, [1922) 2 A.C. 128, Rex v. Northumberland Compensation Appeal Tribunal, (1951) 1 K.B. 711 and Rex v. Northumberland Compensation Appeal Tribunal, (1952) 1 K.B. 338, referred to. 

The jurisdiction of the High Court under Art. 228 of the Constitution is limited to seeing that the judicial or quasi-judicial tribunals or administrative bodies exercising quasi-judicial powers do not exceed their statutory, jurisdiction and correctly administer the law laid down by the statute under which they act. So long as the hierarchy of officers and Appellate authorities created by a statute function within their ambit, the manner in which they do so can be no ground for interference. 

2. Case referred
3. Act
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4. Keyword
  • High Court
  • Powers of-Writ of certiorari
5. Equivalent citation
    Citation(s) 1958 AIR 398 =