Author Topic: finding of fact may give rise to a substantial question of law  (Read 3180 times)

bpagrawal

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It is trite law that a finding of fact may give rise to a substantial question of law

It is trite law that a finding of fact may give rise to
a substantial question of law, inter-alia, in the event the findings are based on no evidence and/or while arriving at the said finding, relevant admissible evidence has not been taken into consideration or inadmissible evidence has been taken into consideration or legal principles have not been applied in appreciating the evidence, or when the evidence has been misread.
 This Court culled out three principles for determining whether a question of law raised in a case is substantial. One of the principles so summarised, is : The general rule is that High Court will not interfere with the concurrent findings of the courts below. But it is not an absolute rule. Some of the well-recognized exceptions are where (i) the courts below have ignored material evidence or acted on no evidence; (ii) the courts have drawn wrong inferences from proved facts by applying the law erroneously; or (iii) the courts have wrongly cast the burden of proof.

Supreme Court of India
Chandna Impex P.Ltd. vs Commr.Of Customs on 6 July, 2011
http://http://www.lawweb.in/2013/03/it-is-trite-law-that-finding-of-fact.html