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PETITIONER: NAGENDRA NATH BORA & ANOTHER
Vs.
RESPONDENT: THE COMMISSIONER OF HILLS DIVISIONAND APPEALS, ASSAM, AND OT
DATE OF JUDGMENT: 07/02/1958
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. BHAGWATI, NATWARLAL H. IMAM, SYED JAFFER KAPUR, J.L. GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 398 1958 SCR 1240
ACT: 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, 227Eastern Bengal and Assam Excise Act, 1910 (E. B. & Assam Act I of 1910) as amended by Ad. 23 Of 1955, s. 9, Rule 343.
HEADNOTE: The High Court has no power under Art. 226 of the Constitu- tion 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 Kamath v. Syed Ahmed Ishaque and others, [1955] I S.C.R. 1104, relied on. Queen v. James Bolton, (1841) (1) Queen’s Bench 66, King v. Nat Bell Liquo...