Supreme Court of India
M/s. Shivali Enterprises v. Smt. Godawari (deceased) Thr. Lrs. and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered view that the learned Single Judge of the High Court has erred in interfering with the concurrent findings of fact arrived at by the trial court and the Appellate Court upon correct appreciation of documentary as well as oral evidence.
Judgment, page 17
From the headnote
Punjab Courts Act, 1918: s. 41 – Second Appeals – Jurisdiction of the High Court under – Held: Second appeal is not a forum where the court is to re-examine or re-appreciate the question of fact settled by the trial court or the appellate court – Though in view of s.41, it is not necessary to frame a substantial question of law, the jurisdiction of the High Court under second appeal cannot be exercised for re-appreciation of evidence – Jurisdiction u/s. 41 would be available only when there is a substantial error or defect in the procedure provided by the CPC or by any other law for the time…
Authorities it was built on
- 2008 Baboolal Sharda & Anr. v. Smt. Savitribai & Ors.
- 2008 National Insurance Co. Ltd. v. Vidhyadhar Mahariwala & Ors.
- 1999 Kondiba Dagadu Kadam v. Savitribal Sopan Gujar and Ors.
- 2001 Kulwant Kaur and Ors. v. Gurdial Singh Mann (dead) by Lrs. and Ors.
- 2019 Randhir Kaur v. Prithvi Pal Singh & Ors.
- 2019 Kirodi (since Deceased) through His Lr v. Ram Parkash & Ors.
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