SC: Findings of fact can’t be interfered with in 2nd appeal unless perverse

The Hon’ble Supreme Court, on 14th February 2020, in the matter of C. Doddanarayana Reddy (Dead) By Lrs. & Ors. v. C. Jayarama Reddy (Dead) By Lrs. & Ors. observed that once, two courts have returned a finding which is not based upon any misreading of material documents, nor is recorded against any provision of law, and neither can it be said that any judge acting judicially and reasonably could not have reached such a finding, then, the High Court cannot interfere with the finding in a second appeal.

The Hon’ble Supreme Court observed that:

The public document in terms of Section 74 of the Indian Evidence Act, 1872 includes the documents forming records of official bodies or tribunals. Section 76 of the said Act gives a right to any person to demand a copy of a public document on payment of a fee together with the certificate written at the foot of such copy that it is a true copy of such document. Certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies. (Para 14)

From a given set of circumstances if two inferences are possible then the one drawn by the lower appellate court is binding on the High Court. (Para 26)

Once, two courts have returned a finding which is not based upon any misreading of material documents, nor is recorded against any provision of law, and neither can it be said that any judge acting judicially and reasonably could not have reached such a finding, then, the High Court cannot interfere with the finding in a second appeal. (This inference has been drawn on the basis of Para 29)

The findings of fact cannot be interfered with in a second appeal unless, the findings are perverse. (Para 30)

Copy of judgement: Judgement-14-Feb-2020

-Adv. Tushar Kaushik

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