Nicholas v. Macan Markar Limited – sllr 1985 volume 1 page 130

In the case between C. Nicholas (Plaintiff) and O.L.M. Macan Markar Limited (Defendant), the court addressed the issue of whether Nicholas was legally the tenant of Flat No. 47 under the Rent Act, considering conflicting evidence surrounding tenancy status and interpretation of entries in the Rent Register. It was held that the Rent Board of Review had exceeded its jurisdiction by substituting its own factual findings for those of the Rent Board, thereby committing an error of law. The principle reaffirmed is that an appellate body cannot re-assess primary factual findings unless there is a misdirection in law, and that the “final and conclusive” nature of an administrative order does not preclude judicial review where legal errors have occurred. The decision relied on analysis of statutor

REF: sllr 1985 volume 1 page 130 Category: Tag:
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