K.N. NAGARAJAPPA VS. H. NARASIMHA REDDY, 2021 SC
Delivered by: L. NAGESWARA RAO and S. RAVINDRA BHAT
Subject: Section 103 CPC
Held:
The Supreme Court observed that High Courts are empowered to exercise limited factual review under Section 103 of the Code of Civil Procedure.
The rule that a substantial question of law, the High Courts cannot interfere with findings of the lower Court or concurrent findings of fact, is subject to the following two important caveats:
First: If the findings of fact are palpably perverse or outrage the conscience of the court; in other words, it flies on the face of logic that given the facts on the record, interference would be justified.
Second: Where the findings of fact may call for examination and be upset, in the limited circumstances spelt out in Section 103 CPC. Undoubtedly, the jurisdiction which a High Court derives under Section 100 is based upon its framing of a substantial question of law.
“As a matter of law, it is axiomatic that the findings of the first appellate court are final. However, the rule that sans a substantial question of law, the High Court’s cannot interfere with findings of the lower Court or concurrent findings of fact, is subject to two important caveats”.
