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        2010 (9) TMI 1235 - SC - Indian Laws

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        Article 227 supervisory power cannot reappreciate evidence or bypass delay and laches to revive a withdrawn statutory appeal. Article 227 supervisory jurisdiction is limited to correcting grave illegality, perversity or jurisdictional error, and cannot be used to reappreciate ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Article 227 supervisory power cannot reappreciate evidence or bypass delay and laches to revive a withdrawn statutory appeal.

                          Article 227 supervisory jurisdiction is limited to correcting grave illegality, perversity or jurisdictional error, and cannot be used to reappreciate evidence or act as an appellate forum. The Supreme Court noted that the fact-finding authorities had examined the material on subletting and related possession issues, and their findings were not shown to be perverse or unsupported by evidence. A High Court therefore exceeded its constitutional limits by upsetting concurrent findings and venturing into an ownership question outside the lis. The Court also stressed that a writ petition under Article 227 should not be entertained after extreme delay and laches, especially after withdrawal of a delayed statutory appeal without bona fide explanation.




                          Issues: (i) Whether the High Court exceeded the limits of its supervisory jurisdiction under Article 227 of the Constitution of India by reappreciating evidence and upsetting the concurrent findings on subletting. (ii) Whether the writ petition under Article 227 could be entertained despite the extreme delay and laches and the withdrawal of the statutory appeal.

                          Issue (i): Whether the High Court exceeded the limits of its supervisory jurisdiction under Article 227 of the Constitution of India by reappreciating evidence and upsetting the concurrent findings on subletting.

                          Analysis: Article 227 confers a supervisory power meant to keep subordinate courts and tribunals within the bounds of their authority and to correct grave dereliction of duty, flagrant illegality, or perversity. It is not an appellate jurisdiction and does not permit routine reappreciation of evidence or substitution of the High Court's own conclusions for those of the fact-finding forums. The eviction authorities had examined the material, the sequence of corporate and statutory changes, and the issue of possession, and their conclusions could not be treated as perverse or based on no evidence. The High Court, therefore, went beyond the permissible contours of interference and also ventured into an ownership question that was not the subject of the lis.

                          Conclusion: The High Court was not justified in interfering under Article 227 and its interference on merits was unsustainable.

                          Issue (ii): Whether the writ petition under Article 227 could be entertained despite the extreme delay and laches and the withdrawal of the statutory appeal.

                          Analysis: The statutory appeal had been withdrawn after being filed with substantial delay, and the attempt to invoke Article 227 was not supported by any bona fide explanation that would justify bypassing the consequences of delay. A party that has consciously withdrawn a statutory remedy and admits the absence of a substantial question of law cannot later use Article 227 as a substitute appellate forum on the same grievance. The High Court erred in treating the matter as one of bona fide pursuit in a wrong forum and in overlooking the jurisdictional objection based on delay and laches.

                          Conclusion: The writ petition ought not to have been entertained and the objection based on delay and laches should have prevailed.

                          Final Conclusion: The impugned judgment was set aside and the appellant succeeded, while the connected matter was disposed of as infructuous.

                          Ratio Decidendi: Supervisory jurisdiction under Article 227 cannot be used as a substitute for appeal to reappreciate evidence or disturb concurrent findings unless the subordinate courts have acted without evidence, in patent illegality, or in grave perversity causing miscarriage of justice.


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                          ActsIncome Tax
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