SC Holds that High Courts Cannot Re-appreciate Evidence as Courts of First Appeal under Article 227 of Constitution of India

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Mar 31, 2022

SC Holds that High Courts Cannot Re-appreciate Evidence as Courts of First Appeal under Article 227 of Constitution of India

The Supreme Court, in Garment Craft v. Prakash Chand Goel^[1], has held that the High Court exercising supervisory jurisdiction under Article 227 of the Constitution of India, does not act as a Court of first appeal to re-appreciate or reweigh the evidence and facts upon which the matter under challenge is based. The power under Article 227 should be exercised sparingly, such as when there is no evidence at all to justify, or the finding is so perverse that no reasonable person can possibly come to such a conclusion that the Court / Tribunal has arrived at.

[1] Garment Craft v. Prakash Chand Goel, 2022 SCC OnLine SC 29.

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