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1 - 5 of 5 (0.25 seconds)Syed Yakoob vs K.S. Radhakrishnan & Others on 7 October, 1963
In the matter of 'Syed Yakoob vs. K.S.
Radhakrishnan' [(1964) 5 SCR 64 : AIR 1964 SC 477] it was held by the
Supreme Court :
Hari Vishnu Kamath vs Syed Ahmad Ishaque And Others on 9 December, 1954
This limitation necessarily means that findings of fact
reached by the inferior Court or Tribunal as result of
the appreciation of evidence cannot be reopened or
questioned in writ proceedings. An error of law which is
apparent on the face of the record can be corrected by a
writ, but not an error of fact, however grave it may
appear to be. In regard to a finding of fact recorded by
the Tribunal, a writ of certiorari can be issued if it is
shown that in recording the said finding, the Tribunal
had erroneously refused to admit admissible and
material evidence, or had erroneously admitted
inadmissible evidence which has influenced the
impugned finding. Similarly, if a finding of fact is based
on no evidence, that would be regarded as an error of
law which can be corrected by a writ of certiorari. In
dealing with this category of cases, however, we must
always bear in mind that a finding of fact recorded by
the Tribunal cannot be challenged in proceedings for a
writ of certiorari on the ground that the relevant and
material evidence adduced before the Tribunal was
insufficient or inadequate to sustain the impugned
finding. The adequacy or sufficiency of evidence led on
a point and the inference of fact to be drawn from the
said finding are within the exclusive jurisdiction of the
YOGESH SHARMA
2021.09.07 11:16
I attest to the accuracy and
integrity of this document
CWP-16395-2021 (O&M) 12
Tribunal, and the said points cannot be agitated before
a writ Court. It is within these limits that the jurisdiction
conferred on the High Courts under Article 226 to issue
a writ of certiorari can be legitimately exercised
(vide Hari Vishnu Kamath v. Syed Ahmad
Ishaque [(1955) 1 SCR 1104] Nagandra Nath
Bora v. Commissioner of Hills Division and Appeals
Assam[(1958) SCR 1240] and Kaushalya
Devi v. Bachittar Singh [AIR 1960 SC 1168]."
Nagendra Nath Bora & Another vs The Commissioner Of Hills Divisionand ... on 7 February, 1958
This limitation necessarily means that findings of fact
reached by the inferior Court or Tribunal as result of
the appreciation of evidence cannot be reopened or
questioned in writ proceedings. An error of law which is
apparent on the face of the record can be corrected by a
writ, but not an error of fact, however grave it may
appear to be. In regard to a finding of fact recorded by
the Tribunal, a writ of certiorari can be issued if it is
shown that in recording the said finding, the Tribunal
had erroneously refused to admit admissible and
material evidence, or had erroneously admitted
inadmissible evidence which has influenced the
impugned finding. Similarly, if a finding of fact is based
on no evidence, that would be regarded as an error of
law which can be corrected by a writ of certiorari. In
dealing with this category of cases, however, we must
always bear in mind that a finding of fact recorded by
the Tribunal cannot be challenged in proceedings for a
writ of certiorari on the ground that the relevant and
material evidence adduced before the Tribunal was
insufficient or inadequate to sustain the impugned
finding. The adequacy or sufficiency of evidence led on
a point and the inference of fact to be drawn from the
said finding are within the exclusive jurisdiction of the
YOGESH SHARMA
2021.09.07 11:16
I attest to the accuracy and
integrity of this document
CWP-16395-2021 (O&M) 12
Tribunal, and the said points cannot be agitated before
a writ Court. It is within these limits that the jurisdiction
conferred on the High Courts under Article 226 to issue
a writ of certiorari can be legitimately exercised
(vide Hari Vishnu Kamath v. Syed Ahmad
Ishaque [(1955) 1 SCR 1104] Nagandra Nath
Bora v. Commissioner of Hills Division and Appeals
Assam[(1958) SCR 1240] and Kaushalya
Devi v. Bachittar Singh [AIR 1960 SC 1168]."
Kaushalya Devi And Ors. vs Bachittar Singh And Ors. on 8 April, 1959
This limitation necessarily means that findings of fact
reached by the inferior Court or Tribunal as result of
the appreciation of evidence cannot be reopened or
questioned in writ proceedings. An error of law which is
apparent on the face of the record can be corrected by a
writ, but not an error of fact, however grave it may
appear to be. In regard to a finding of fact recorded by
the Tribunal, a writ of certiorari can be issued if it is
shown that in recording the said finding, the Tribunal
had erroneously refused to admit admissible and
material evidence, or had erroneously admitted
inadmissible evidence which has influenced the
impugned finding. Similarly, if a finding of fact is based
on no evidence, that would be regarded as an error of
law which can be corrected by a writ of certiorari. In
dealing with this category of cases, however, we must
always bear in mind that a finding of fact recorded by
the Tribunal cannot be challenged in proceedings for a
writ of certiorari on the ground that the relevant and
material evidence adduced before the Tribunal was
insufficient or inadequate to sustain the impugned
finding. The adequacy or sufficiency of evidence led on
a point and the inference of fact to be drawn from the
said finding are within the exclusive jurisdiction of the
YOGESH SHARMA
2021.09.07 11:16
I attest to the accuracy and
integrity of this document
CWP-16395-2021 (O&M) 12
Tribunal, and the said points cannot be agitated before
a writ Court. It is within these limits that the jurisdiction
conferred on the High Courts under Article 226 to issue
a writ of certiorari can be legitimately exercised
(vide Hari Vishnu Kamath v. Syed Ahmad
Ishaque [(1955) 1 SCR 1104] Nagandra Nath
Bora v. Commissioner of Hills Division and Appeals
Assam[(1958) SCR 1240] and Kaushalya
Devi v. Bachittar Singh [AIR 1960 SC 1168]."
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