Finding on facts should no be disturbed in Appeal
Though it is trite, that the conclusions arrived at on factual aspects are not to be interfered with in an appeal under Section 100 of the Code, where the lower Courts have acted on presumptions or have arrived at conclusions which are not available to be drawn on the materials on record, or are perverse, the High Court can interfere under Section 100 of the Code. A finding of fact can be set aside in second appeal (a) where it is not based on any evidence or on legal evidence or on a judicial consideration of evidence adduced; (b) where the evidence is disbelived for no reason, (c) where it is based on a misconception of the real point in controversy in the case; (d) where the conclusion of fact is not warranted by the facts on which it is based or is inconsistent with other findings in the case or is opposed to the case set up by the party in whose favour it is drawn or is contrary to pleadings and evidence in the case; (e) where it is contrary, to the facts found or is inconsistent with the statement of reasons therefor in the judgment or is based on quaint reasoning, or is vague or indefinite or ambiguous: (f) where it is arbitrary or vitiated by prejudices or is based on a distorted view of the evidence or is based on surmises or extraneous considerations, or where no reasons have been given for the finding; (g) where material facts or evidence have been ignored in arriving at the conclusions of fact and (h) where finding is perverse in the sense that no normal person could have arrived at that finding. Additionally wrong interpretation of a document makes out of case for interference.
