SC holds that the High Courts cannot re-appreciate evidence while exercising their revisional power in rent laws



Supreme Court of India


The Supreme Court on Wednesday, Aug. 27,2014 held that the High Courts while exercising their revisional power in rent laws “cannot re-appreciate evidence” and perusal of evidence is confined “to find out legality, regularity and propriety” of the order impugned before it.  A five-judge Constitution Bench headed by Chief Justice RM Lodha said “the consideration or examination of the evidence by the high court in revisional jurisdiction under these acts (rent control laws of different states) is confined to find out that finding of facts recorded by the court/authority below is according to law and does not suffer from any error of law.”

The five judges unanimously said that “revisional power is not and cannot be equated with the power of reconsideration of all questions of fact as a court of first appeal”. “Where the high court is required to be satisfied that the decision is according to law, it may examine whether the order impugned before it suffers from procedural illegality or irregularity,” the bench, also comprising justices Dipak Misra, Madan B Lokur, Kurian Joseph and SA Bobde, said.

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