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Concurrent Findings Of Fact By Trial Court & Appellate Courts Binding On Supreme Court: SC [Read Judgment]

Ashok K.M
30 July 2017 3:49 PM GMT
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This court being the last court in hierarchy cannot disturb such concurrent findings while exercising power under Article 136 of the Constitution of India, the bench said.

The Supreme Court, in Parminder Singh vs Gurpreet Singh, has observed that if there are concurrent findings of fact by the trial court, first and second appellate courts, such findings are binding on the Supreme Court.

The trial court, while allowing a suit for specific performance, had granted specific performance of the agreement to the plaintiff in exercise of its discretionary powers. The first and second appellate court had upheld the trial court order. The said concurrent findings were assailed before the apex court.

The bench comprising Justice AK Agrawal and Justice AM Sapre said: “The findings recorded by the three courts on facts, which are based on appreciation of evidence undertaken by the three Courts, are essentially in the nature of concurrent findings of fact and, therefore, such findings are binding on this Court. Indeed, such findings were equally binding on the High Court while hearing the second appeal.”

Dismissing the appeal, the bench observed: “This Court being the last Court in hierarchy cannot disturb such concurrent findings while exercising power under Article 136 of the Constitution of India. As mentioned above, these findings are binding on this Court.”

Read the Judgment Here

                    

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