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Learned Single Bench Erred While ... vs Hardeep Singh And In Case Of Achutananda ... on 19 August, 2015 cites

Smt. Tara Devi vs Smt. Sudesh Chaudhary on 12 August, 1997

In Tara Devi's case (supra) the matter was arising out of the election petition, where the lower court placed the burden of proof on the elected candidate about her age on the date of election and without placing reliance on the evidence in school record as to her age, the orders were passed, which was challenged before the High Court in a petition under Article 227 of the Constitution of India. On facts of that case the Court was fully convinced that it was a fit case to exercise powers under Article 227 of the Constitution of India and accordingly it interfered with the order.
Rajasthan High Court - Jaipur Cites 22 - Cited by 13 - Full Document

Achutananda Baidya vs Prafullya Kumar Gayen And Ors on 8 April, 1997

In a recent decision in case of Achutananda Baidya's case (supra) the Supreme Court has once again explained the scope of Article 227 of the Constitution of India and the jurisdiction of the High Court. In that case also the Apex Court held on facts of that case that the High Court was justified in interfering with the order of appellate court that there was no agreement for reconveyance of the alienated land on ground that the appellate court's finding was made without considering evidence on record. The Apex Court further held that if the evidence on record in respect of a question of fact is not at all considered and without reference to such evidence, the finding of fact is arrived at the appellate court or Tribunal then such finding must be held to be perverse. That is not the case here in this petition.
Supreme Court of India Cites 4 - Cited by 125 - Full Document
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