High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court
1 day, 18 hours ago

High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court

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The Supreme Court reiterated that the High Court cannot reappreciate the evidence unless the appropriate Court has exceeded its jurisdiction or acted perversely. “It is a well-established principle that the High Court, while exercising its jurisdiction under Article 226 of the Constitution of India, cannot reappreciate the evidence and arrive at a finding of facts unless the authorities below had either exceeded its jurisdiction or acted perversely.,” held Justices Sanjay Karol and CT Ravikumar. Further, the High Court had also set aside the order of permanent injunction against the respondent. The Apex Court “deprecated” the manner in which the same was set aside and observed: “Second, that an order granting a permanent injunction, with the authority having given its independent and anxious consideration, cannot be set aside in such a cursory and callous manner, more so under the supervisory jurisdiction of the Court.

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High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court
5 days, 16 hours ago

High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court

Live Law  

The Supreme Court today criticized the High Court's intervention under its Writ Jurisdiction in the Arbitral Proceedings, where it had directed the Arbitral Tribunal to grant additional time for one party to cross-examine another, despite the Tribunal already having provided ample time for cross-examination.Setting aside the High Court's decision, the bench comprising Justices PS Narasimha. The Supreme Court today criticized …

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
8 months, 4 weeks ago

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains

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Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy. Observing that …

S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC
9 months ago

S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC

Live Law  

While elaborating the difference between 'appeal' and 'revision', the Allahabad High Court has held that in exercise of its revisional jurisdiction, the High court must uphold the sanctity of judgments and orders and intervene only when there are compelling reasons to do so. and others where the Allahabad High Court held that exercise of appellate jurisdiction involves both appreciation of …

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court
1 year, 2 months ago

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court

Live Law  

A Division Bench of the Supreme Court, in its judgment dated October 13, 2023, opined that one of compelling reasons for relegating the writ petitioner to an alternative remedy may arise where there is a serious dispute between the parties on a question of fact and materials/evidence available on record are insufficient/inconclusive to enable the Court to come to a …

[Prof GN Saibaba Case] 'Matter Be Remanded To High Court To Decide All Issues Afresh’: Saibaba’s Counsel To Supreme Court
1 year, 8 months ago

[Prof GN Saibaba Case] 'Matter Be Remanded To High Court To Decide All Issues Afresh’: Saibaba’s Counsel To Supreme Court

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In a plea filed by State of Maharashtra challenging the order of the Bombay High Court whereby it allowed appeals against the conviction and life sentence imposed on DU Professor GN Saibaba and five others under the anti-terror law UAPA, a suggestion was floated before the Supreme Court, on Tuesday. Senior Advocate, Mr. R. Basant appearing on behalf of Saibaba …

CPC Order 41 Rule 23A - Appellate Court Can't Remand Suit For De Novo Trial Merely Because A Particular Evidence Has Not Been Adduced : Supreme Court
1 year, 10 months ago

CPC Order 41 Rule 23A - Appellate Court Can't Remand Suit For De Novo Trial Merely Because A Particular Evidence Has Not Been Adduced : Supreme Court

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The Supreme Court, on Monday, held that High Courts ought not to remand a matter for trial de novo without recording any explanation as to on what ground the decree was being reversed by it. ".merely because a particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot adopt the soft course of …

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 1 month ago

Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court

Live Law  

The Supreme Court reiterated that the courts ought to refrain from interfering with findings of facts recorded in a departmental inquiry except in circumstances where such findings are patently perverse or grossly incompatible with the evidence on record, based on no evidence.If principles of natural justice have been violated or the statutory regulations have not been adhered to or there. …

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court
2 years, 2 months ago

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court

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The Supreme Court observed that the inherent powers under Section 482 CrPC can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case. "The provisions of Section 173 CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 5 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

Article 227 - High Court Cannot Go Deep Into Factual Issues Like An Appellate Body : Supreme Court
2 years, 9 months ago

Article 227 - High Court Cannot Go Deep Into Factual Issues Like An Appellate Body : Supreme Court

Live Law  

The Supreme Court, in a judgment delivered on 23rd February, held that the High Court while exercise powers of a supervisory Court under Article 227 of the Constitution of India cannot act as an appellate body to re-appreciate evidence. It was asserted that the findings of the Appellate Tribunal was based on evidence and ought not to have been interfered …

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court
2 years, 10 months ago

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court

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The Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court under Article 227 of the Constitution of India. "…it may be noted that the power under Article 227 of the Constitution of India being one of judicial superintendence cannot be exercised to upset conclusions, howsoever …

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
2 years, 10 months ago

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. The Supreme Court observed that a High Court, while exercising …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 1 month ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court
3 years, 3 months ago

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court

Live Law  

The Supreme Court observed that it is the duty of the First Appellate Court to deal with all the issues and the evidence led by the parties before recording its findings.First appeals are to be decided after following the procedure to be followed under the Code of Civil Procedure, the bench of Justices MR Shah and AS Bopanna observed. Perusing …

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court
3 years, 3 months ago

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court

Live Law  

The Supreme Court observed that High Courts are empowered to exercise limited factual review under Section 103 of the Code of Civil Procedure.The bench of Justices L. Nageswara Rao and S. Ravindra Bhat observed that the rule that sans a substantial question of law, the High Courts cannot interfere with findings of the lower Court or concurrent findings of fact, …

Second Appeal- Question Of Law Doesn't Arise In Abstract; Mere Reference To Facts Does Not Amount To Reappreciation Of Evidence: Supreme Court
3 years, 4 months ago

Second Appeal- Question Of Law Doesn't Arise In Abstract; Mere Reference To Facts Does Not Amount To Reappreciation Of Evidence: Supreme Court

Live Law  

The Supreme Court observed that merely because the High Court, while considering a second appeal, refers to certain factual aspects in the case to raise and conclude on the question of law, the same does not mean that the factual aspect and evidence has been re-appreciated.Question of law for consideration will not arise in abstract but in all cases will …

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 4 months ago

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending

Live Law  

Noting that where the proceedings are pending before it and instead of pursuing them to the logical conclusion, the party chose to institute a fresh writ petition before the Punjab and Haryana High Court, which the High Court has entertained, the Supreme Court expressed concerns of judicial propriety and discipline. "Despite the fact that this court is seized of the …

Alternative Remedy And Supervisory Jurisdiction Of High Courts Under Article 227 Of Constitution
5 years, 2 months ago

Alternative Remedy And Supervisory Jurisdiction Of High Courts Under Article 227 Of Constitution

Live Law  

Recently, a two judge bench of the Supreme Court delivered a significant judgment in which it observed that the availability of an appellate remedy in terms of the provisions of Code of Civil Procedure can be construed as a 'near total bar' for the exercise of supervisory jurisdiction under Article 227 of the Constitution of India by High Courts.The principle …

Section 482 Cr.P.C :Recent Supreme Court Judgments
5 years, 6 months ago

Section 482 Cr.P.C :Recent Supreme Court Judgments

Live Law  

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. Petition For Quashing FIR Can Be Entertained …

SC Again Reminds High Courts About Limitations While Considering Second Appeals [Read Judgment]
5 years, 9 months ago

SC Again Reminds High Courts About Limitations While Considering Second Appeals [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Wednesday, again reminded the High Courts about their limitations while considering a second appeal under Section 100 of the Code of Civil Procedure. While setting aside a Punjab and Haryana High Court order in a second appeal, the bench comprising Justice L. Nageswara Rao and Justice MR Shah said: "Despite the catena …

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