SC:Oral/documentary evidence on record can’t be reappreciated in revision

The Hon’ble Supreme Court, on 22ndAugust 2019, in the matter of Daya Rani & Anr. v. Shabbir Ahmed pronounced that while exercising revisional power, the High Court can not reappreciate the evidence on record: both oral or documentary. It can only consider whether the findings of fact rendered by the Court or Authority below were according to law and did not suffer from any error of law.

The Hon’ble Supreme Court observed that:

While exercising revisional power, the High Court can not reappreciate the evidence on record: both oral or documentary. (Para 14)

The consideration while exercising revisional jurisdiction is confined to find out whether the findings of fact rendered by the Court or Authority below were according to law and did not suffer from any error of law. (Para 14)

Exercise of revisional jurisdiction is not justified if the judgment does not spell out or advert to any perversity in the findings rendered by the lower court or authority. (This inference has been drawn on the basis of Para 15 and 16)

Copy of Judgement: Judgement_22-Aug-2019

-Adv. Tushar Kaushik

Leave a Reply

Your email address will not be published. Required fields are marked *