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august 1962

Supreme Court of India · 1962-08-27

ISHWARI PRASAD MISHRA vs MOHAMMAD ISA

Citation / case number
SC 1960/92
Court
Supreme Court of India
Petitioner
ISHWARI PRASAD MISHRA
Respondent
MOHAMMAD ISA
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the trial court's decree for specific performance of a sale agreement, finding the agreement genuine and supported by consideration under the relevant contract law principles. The Court criticized the High Court for using extravagant language in its judgment, which unjustly impugned the trial judge's integrity and the credibility of witnesses. The Supreme Court reinstated the trial court's decision, emphasizing the need for appellate judges to avoid harsh criticisms without substantial evidence.

ISHWARI PRASAD MISHRA vs MOHAMMAD ISA · Niyam