Showing : 1-7 of 7 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Second appeal cannot be decided on merely equitable grounds - Concurrent findings of fact howsoever erroneous cannot be disturbed in second appeal - Substantial question of law has to be distinguished from a substantial question of fact...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - If two inferences are possible from a given set of circumstances then view drawn by lower Appellate Court is binding on the High Court in second appeal - Adopting any other approach is not permissible - High Court cannot substitute its opinion for the opinion of the first appellate..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - First Appellate Court when assumes jurisdiction which did not vest in it, the same can be adjudicated in second appeal, treating it as a substantial question of law - However, where first appellate court is shown to have exercised its discretion in a judicial manner, it cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Limitation Act, 1963, Article 54-- Suit for specific performance - Limitation - Starting point - When no date fixed for performance - Starting point of limitation is when plaintiff has notice that performance is refused - In the instant case vendee received notice from subsequent vendees in July, 1978 and suit for specific..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 16(c)-- Ready and willing - S.16(c) mandates the plaintiff to aver in the plaint and establish as the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 16(c)-- Ready and willing - Basic principle behind Section 16(c) read with Explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief - The provision imposes a personal bar..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Maintainable only if substantial question of law is involved - Memorandum of appeal must precisely state the substantial question of law involved - High Court is obliged to satisfy itself regarding existence of such a question - Appeal to be heard on substantial question of law..........

Showing : 1-7 of 7 Results