NANI GOPAL MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) I have read the Judgment, brother Sen J., is going to deliver. I agree with him but I propose to discuss the question regarding the maintainability of the suit.

(2.) The question in this appeal is under what circumstances a civil court can grant a decree declaring orders passed on an enquiry in terms of Article 311 of the Constitution to be null and void. In Secretary of State v. Mask and Co., 67 Ind App 222 at p. 236: (AIR 1940 PC 105 at p. 110) the Judicial Committee observed as follows;

(3.) I am referred to another decision reported in Beg v. Ashford (Kent) Justices, 1955-3 All ER 604 where Singleton, L. J. observed, "An order for certiorari should not be granted merely because a witness had committed perjury.' In fact, it was also held in the aforesaid case of 1955-3 All ER 604 that "no writ should be issued where the granting of the order would involve the court in weighing one set of alleged facts against another." Hence, far from (SIC) the order invalid even a writ cannot be issued when it involves weighing of evidence by the Court. In a rather recent decision reported in Firm of Illuri Subbayya Chetty and Sons v. State of Andhra Pradesh it was held by Gajendragadkar, J. (as his Lordship then was) as follows;