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Baigana and Ors. v. Deputy Collector of Consolidation and Ors.

Dismissed
Court
Supreme Court of India
Decided
14 March 1978
Bench
V.R. Krishna Iyer:author, Jaswant Singh
Result
Petition dis111issed.

Headnote

Co11s1irutio11 of India, 1950, Ari. 136 read with Order XJ!I Supre111c Court Rules l 966,-SliJ.Jrcnie Court C(lflllO! be converted into a court of fifth appeal .

Dhrnissing the special Jen\·c petition. the Court 1-lELD: The Supre1ne Courl is n1or-:: than a Court of appeal. It exercises power only \\'hen there is st1prcn1e need. lt is not the fifth court of appeal but the final court of the nation. Therefore, even if legal fla'"1s may be electronically detected, this Court cannot inte1ft:rc sans 1nanifest injustic-e or substanti·..1l -question of r:;ublic i1npor:nncc. [509 EJ

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

KRISHNA IYER, J. The Supreme Court is more than a Court of appeal. It exercises power only whcrr there is supreme need. lt is not the fifth court of appeal but the final court of the nation. Therefore, even if legal flaws may be electronically detected, we cannot interfere sans manifest injustice or substantial question of public importance. By 1his token, the petitioner has mi~scd the bus. Dismissed.

Case details

Arising from

CIVIL APPELLATE JURISDICTION : Special Leave Petition ( Ci\'il) No. 4963 of 1977.

(From the Judgment and Order dl. 21-9-75 of the Allahabad High Court in Writ Petition No. 92 of 1969)

Appearances

S. N. Singh, for the petitioner.

Tllc Order of the Court was delivered by

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.