Inconsistency in findings

In case of such inconsistency findings of Appellate Court must be given preference in the absence of any cogent reason to the contrary.

In case of inconsistency between the findings of the Trial Court and the Appellate Court, the findings of the latter must be given preference in the absence of any cogent reason to the contrary.

In case of conflicting judgments of Courts below, the findings of the Appellate Court below are to be preferred and respected than that of the Trial Court unless it is shown from the record that such findings are not supported by evidence or the conclusions drawn are against the material on record or the judgment of the Appellate Court suffers from misreading or non-reading of evidence or that the reasons recorded for reversal of judgment of Trial Court are arbitrary, fanciful and perverse.

High Court in its appellate jurisdiction had to give preference to the findings of Appellate Court in case of variance and dissension in the findings of two courts below unless it suffered from grave irregularity or the same were perverse or the reasons given by the Appellate Court were not sustainable.