HC Can’t Upset Concurrent Findings On Facts Merely Because Another View Is Possible: SC [Read Judgment]
Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual finding, the bench said.Setting aside a high court judgment for having exceeded its jurisdiction, the Supreme Court, in Gandhe Vijay Kumar vs Mulji @ Mulchand, reiterated that the court, while exercising revisional jurisdiction, is only expected to see only whether. Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual finding, the bench said. Setting aside a high court judgment for having exceeded its jurisdiction, the Supreme Court, in Gandhe Vijay Kumar vs Mulji @ Mulchand, reiterated that the court, while exercising revisional jurisdiction, is only expected to see only whether the findings of the court below are illegal or perverse in the sense that a reasonably informed person will not enter such a finding. In revisional jurisdiction, the Court is expected to see only whether the findings are illegal or perverse in the sense that a reasonably informed person will not enter such a finding.” The bench also quoted the judgment in Hindustan Petroleum Corporation Ltd vs Dilbahar Singh, for ‘proper guidance’ of the high court.
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