Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Practice-Appellate court-Finding of fact depending on credibility of witnesses-Interference-Correct principle. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Practice-Appellate court-Finding of fact depending on credibility of witnesses-Interference-Correct principle. When there is conflict of oral evidence of the parties on any matter in issue and the decision hinges upon the credibility of the witnesses, then unless there is some special feature about the evidence of a particular witness which has escaped the trial judge's notice or there is a sufficient balance of improbability to displace his opinion as to where the credibility lies, the appellate court should not interfere with the finding of the trial judge on a question of fact.It would not detract from the value to be attached to a trial judge's finding of fact if the judge does not expressly base his conclusion upon the impressions he gathers from the demeanor of witnesses. The rule is, however, only a. rule of practice and docs not mean that the court of first instance can be treated as infallible in determining which, side is telling the truth or is refraining from exaggeration.[Where the High Court reversed a finding of fact arrived &t by the trial court depending on oral evidence on the ground that the rule that the appellate court should be slow to differ from the conclusions arrived at by the trial judge who had seen and heard the witnesses did not apply to the case as the trial judge did not ba.se bis conclusions on the impressions created in hie mind by the witnesses who deposed before him, but upon the inherent improbability of the circumstances deposed to, the Supreme Court held that the High Court's approach to the case was not proper and, alter weighing the whole evidence in the case, reversed the finding of the High Court.] |
Judge | Honble Mr. Justice Bijan Kumar Mukherjea |
Neutral Citation | 1950 INSC 29 |
Petitioner | Sarju Pershad |
Respondent | Raja Jwaleshwari Pratap Narain Singh And Others |
SCR | [1950] 1 S.C.R. 781 |
Judgement Date | 1950-11-14 |
Case Number | 70 |
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