PETITIONER:
BAIGANA AND ORS.
Vs.
RESPONDENT:
DEPUTY COLLECTOR OF CONSOLIDATION AND ORS.
DATE OF JUDGMENT14/03/1978
BENCH:
KRISHNAIYER, V.R.
SINGH, JASWANT
CITATION:
1978 AIR 944 1978 SCR (2) 509
1978 SCC (2) 461
ACT
Constitution of.India, 1950, Art. 136 read with Order XVI Supreme Court Rules 1966,-Supreme Court cannot be converted into a court of fifth appeal.
HEADNOTE
Dismissing the special leave petition, the Court HELD : ’The Supreme Court is more than a Court of appeal. it exercises power only when there is supreme need. It is not the fifth court of appeal but the final court of the nation. Therefore, even if legal flaws may be electronically detected, this Court cannot interfere sans manifest injustice or substantial question of public importance. [509 E]
JUDGMENT
CIVIL APPELLATE JURISDICTION : Special Leave Petition (Civil) No. 4963 of 1977. (From the Judgment and Order dt. 21-9-75 of the Allahabad High ,Court in Writ Petition No. 92 of 1969) S. N. Singh, for the petitioner. The Order of the Court was delivered by KRISHNA IYER, J. The Supreme Court is more than a Court of ,appeal. It exercises power only when there is supreme need. It 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 this token, the petitioner has missed the bus. Dismissed. S.R.
Petition dismissed 15--277SCI/78 510