II UKN 93/99
AI generated
Supreme Court dismissed cassation, ruling that the appellate court did not exceed judicial discretion in evaluating evidence.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Włodzimierz T. against the Second Instance Court's denial of his disability pension. The appellant argued that the appellate court failed to establish facts regarding the date of his disability, claiming it occurred in 1986 rather than 1990. The Supreme Court held that its role is limited to reviewing whether the lower court exceeded judicial discretion, not re-evaluating the evidence itself.
Legislator headnote
AI generatedArt. 233 § 1 KPC; The Supreme Court in cassation proceedings is not authorized to re-evaluate the evidence but merely controls whether the second instance court exceeded the boundaries of judicial discretion.
Keywords
AI generated
judicial discretion
cassation appeal
disability pension
evidence evaluation
second instance court
Cited Legislation
AI generatedArt. 233 § 1 KPC
Art. 32 of the Act on Pension Provision for Employees and Their Families