Sunday, August 23, 2009

  1. It is a well settled proposition of law that a writ of certiorary cannot be issued to a subordinate Court/Tribunal/authority exercising judicial/quasi judicial power by supplementing the Judgment of such lower authority with a fresh Judgment/order, unless the order of such subordinate authority is manifestly illegal and unjust and suffers from error of law and fact apparent on the face of it. It is also a well-known principle of law that a writ of certiorary can be issued only if the order of the inferior Tribunal or subordinate Court suffers from an error of jurisdiction, or from a breach of the principles of natural justice or is vitiated by a manifest or apparent error of law. There is no sanction enabling the High Court to reappraise the evidence without sufficient reason in law and reach findings of fact contrary to those rendered by an inferior Court or subordinate Court. (See A.I.R.1986 SC 302, Harbans Lal v. Jagmohan Saran). Nothing has been brought out before this Court to bring the impunged order within the parameters, as envisaged above, so as to call for interference by this Court with the said order by issuance of a writ of certiorary in quashing the same.

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