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Article 226: High Court Cannot Reappreciate Evidence While Exercising Certiorari Jurisdiction, Supreme Court
['Lawbeat News Desk -Sc', 'Edits Salil Tiwari']
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Court found that the high court had exercised its writ jurisdiction as if it were sitting in appeal over the first appellate court's findings.
Can a High Court reappreciate evidence while exercising certiorari jurisdiction?
Answering this question in the negative, the Supreme Court reiterated the settled principles governing certiorari jurisdiction under Article 226.
Court noted that the high court had concluded that the appellate court's findings were unsupported by pleadings or evidence.
Accordingly, the Supreme Court set aside the high court's order and restored the judgment of the First Appellate Court.