My Lord, Perverse Judgment?
“This Court has already laid down as to which finding would be called perverse. It is a finding which is not only against the weight of evidence but altogether against the evidence. This Court has held in Triveni Rubber, AIR 1994 SC 1341 that a perverse finding is one which is based on no evidence or one that no reasonable person would have arrived at. Unless it is found that some relevant evidence has not been considered or that certain inadmissible material has been taken into consideration the finding cannot be said to be perverse. The legal position in this behalf has been recently reiterated in Arulvelu, (2009) 10 SCC 206.”
– Hon’ble Justice H.L. Gokhale, Sumimoto Heavy Industries, (2010) 11 SCC 296.
Also see, Noorahammad v. State of Karnataka, [Criminal Appeal No. 412 of 2006] decided on 02.02.2016 and Chaman Lal v. State of Himachal Pradesh, [Criminal Appeal No. 1227 of 2017] decided on 03.12.2020.
To understand the test of perversity, it will also be appropriate to refer to Paragraph 31 and 32 from Associate Builders v. Delhi Development Authority, (2015) 3 SCC 49.
– Hon’ble Justice B.R. Gavai, PSA Sical Terminals Pvt. Ltd. v. Board of Trustees of V.O. Chidambranar Port Trust, Tuticorin, [Civil Appeal Nos. 3699-3700 of 2018] decided on 28.07.2021.