In H. Siddiqui (dead) by LRs. v. A. Ramalingam, AIR 2011 SC 1492, the apexย court held as under:
โ18. The said provisions provide guidelines for the appellate court as toย how the court has to proceed and decide the case. The provisions shouldย be read in such a way as to require that the various particularsย mentioned therein should be taken into consideration. Thus, it must beย evident from the judgment of the appellate court that the court hasย properly appreciated the facts/evidence, applied its mind and decided
the case considering the material on record. It would amount toย substantial compliance of the said provisions if the appellate court’sย judgment is based on the independent assessment of the relevantย evidence on all important aspect of the matter and the findings of theย ย appellate court are well founded and quite convincing. It is mandatoryย for the appellate court to independently assess the evidence of theย parties and consider the relevant points which arise for adjudication andย the bearing of the evidence on those points. Being the final court of fact,ย the first appellate court must not record mere general expression ofย concurrence with the trial court judgment rather it must give reasons forย its decision on each point independently to that of the trial court. Thus,ย the entire evidence must be considered and discussed in detail. Suchย exercise should be done after formulating the points for consideration inย terms of the said provisions and the court must proceed in adherence toย the requirements of the said statutory provisions.
(See also: Thakurย Sukhpal Singh v. Thakur Kalyan Singh & Anr., AIR 1963 SC 146;
Girijanandini Devi & Ors. v. Bijendra Narain Choudhary, AIR 1967 SCย 1124; G. Amalorpavam & Ors. v. R.C. Diocese of Madurai & Ors.,ย (2006) 3 SCC 224; Shiv Kumar Sharma v. Santosh Kumari, AIR 2008 SCย 171; and Gannmani Anasuya & Ors. v. Parvatini Amarendraย Chowdhary & Ors., AIR 2007 SC 2380).


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