S.R. Tewari vs. Union of India& Anr. Civil Appeal No. 4715-4716 of 2013 (Arising out of S.L.P.(C)
No. 22263-22264 of 2012), Decided on May 28, 2013
The Hon’ble Supreme Court held:
“The findings of fact recorded by a court can be
held to be perverse if the findings have been arrived at by ignoring or
excluding relevant material or by taking into consideration
irrelevant/inadmissible material. The finding may also be said to be perverse
if it is “against the weight of evidence”, or if the finding so outrageously
defies logic as to suffer from the vice of irrationality. If a decision is
arrived at on the basis of no evidence or thoroughly unreliable evidence and no
reasonable person would act upon it, the order would be perverse. But if there
is some evidence on record which is acceptable and which uld be relied upon,
the conclusions would not be treated as perverse and the findings would not be
interfered with. [Para 24]
The
court noted following cases:
Rajinder
Kumar Kindra
v. Delhi Administration, AIR 1984 SC 1805
Kuldeep
Singh v. Commissioner
of Police & Ors., AIR 1999 SC
677
Gamini
Bala Koteswara Rao & Ors. v. State of Andhra Pradesh thr. Secretary, AIR 2010 SC 589
Babu
v. State of Kerala, (2010) 9
SCC 189
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