Supreme Court of India

Gurdev Kaur v Kaki

(2007) 1 SCC 54620061 min read
The case in brief30-second read
Facts
The trial court and the first appellate court reached concurrent findings of fact. The High Court, in second appeal, re-appreciated the evidence and reversed them.
Issue
Whether the High Court can interfere with concurrent findings of fact in a second appeal under S.100 CPC.
Held
After the 1976 amendment, the jurisdiction of the High Court in second appeal is confined to substantial questions of law, formulated as required by S.100. The High Court cannot re-appreciate evidence and interfere with concurrent findings of fact, even if it thinks them erroneous, unless they are perverse or based on no evidence. The High Court judgment was set aside.
Principle
In second appeal, concurrent findings of fact cannot be disturbed without a substantial question of law.
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Facts

  • The trial court and the first appellate court reached concurrent findings of fact. The High Court, in second appeal, re-appreciated the evidence and reversed them.

Issue

  1. Whether the High Court can interfere with concurrent findings of fact in a second appeal under S.100 CPC.

Held

  • After the 1976 amendment, the jurisdiction of the High Court in second appeal is confined to substantial questions of law, formulated as required by S.100. The High Court cannot re-appreciate evidence and interfere with concurrent findings of fact, even if it thinks them erroneous, unless they are perverse or based on no evidence. The High Court judgment was set aside.

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Citation

Gurdev Kaur v Kaki (2007) 1 SCC 546

Reported: https://indiankanoon.org/doc/1754551/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.