1981 Supreme(SC) 43

SUPREME COURT OF INDIA
A.C. GUPTA AND D.A. DESAI, JJ.
M/s. Rajindra Kumar and Co. and another, Appellants
Versus
Smt. Vijaya Rani, Respondent.
Civil Appeal No. 268 of 1981, d/-22-1-1981.

The jurisdiction of the High Court in setting aside inferences of fact from the evidence.

Headnote:

Jurisdiction - Inference of Fact - The court found that the High Court was not within its jurisdiction in setting aside a finding which was an inference of fact from the evidence.

Fact of the Case:

The High Court set aside a finding which was an inference of fact from the evidence.

Finding of the Court:

The court found that the High Court was not within its jurisdiction in setting aside the finding, and therefore allowed the appeal, setting aside the High Court's order and restoring that of the trial Court. No order as to costs was made.

Issues: Jurisdiction of the High Court in setting aside an inference of fact from the evidence.

Ratio Decidendi: The High Court was not within its jurisdiction in setting aside a finding which was an inference of fact from the evidence.

Final Decision: The appeal was allowed, the order of the High Court was set aside, and that of the trial Court was restored. No order as to costs.