Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save and except in exceptional circumstances - Post such framing of questions Court shall proceed to hear the parties on such questions, i.e., after giving them adequate..........
Arbitration and Conciliation Act, 1996, Section 37, 34 -- Appeal - Arbitral award - While exercising jurisdiction u/s 37 of the Act, Court is concerned about jurisdiction that S.34 of the Act exercised while considering challenge to arbitral award - Question of reinterpreting the contract on an alternative view does not arise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Jurisdiction u/s 100 CPC is to be exercised only when Court is convinced that dispute involves substantial question of law and in the absence of same proceedings rendered as patently illegal...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Civil Procedure Code, 1908, Section 21 -- Pecuniary jurisdiction - Objection as to - Appellant did not raise objection as to pecuniary jurisdiction of trial Court in first appeal - Even, there is no whisper of averment/contention as to how appellant suffered prejudice on account of lack of Pecuniary jurisdiction if any - Appellant not permitted to raise objection as to..........
Allahabad High Court Rules,1952 -- Chapter VIII Rule 5 - Intera Court Appeal - Any special appeal under Chapter VIII Rule 5 of Rules, will be maintainable against an order passed by Single Judge in contempt jurisdiction only if he issues any direction or decides any issue touching merits of dispute between parties - However, no such appeal will be available in case any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Temporary injunction - Scope of appeal U.O.43.R.1 CPC - Order granting or refusing injunction is within sole discretion of Court of first instance and appellate Court should not interfere in discretion exercised by Court of first instance unless it is shown that discretion..........
Commercial Courts Act, 2015, Section 3, 10, Arbitration and Conciliation Act, 1996, Section 2(1)(e) -- Commercial Courts - Conferring jurisdiction upon Court of Civil Judge (Senior Division) as Commercial Court to decide applications or appeal arising out of arbitration under the provisions of Act of 1996 - Not illegal or bad in law - Same can be said to be absolutely in..........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Exercise of jurisdiction u/s 100 CPC r/w S.41 Punjab Courts Act - Though in view of S.41 of the Punjab Act, it is not necessary to frame a substantial question of law, jurisdiction of High Court under second appeal cannot be exercised for re-appreciation of evidence...........
Civil Procedure Code, 1908, Section 151 -- Final partition decree - Cannot be recalled u/s 151 CPC when alternative remedy of appeal exits - High Court erred in exercising its jurisdiction u/s 151 CPC recalling final decree rather than directing respondents to pursue effective alternate remedies under law...........
