Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court in second appeal is not available to correct errors of law or erroneous findings recorded by first appellate Court vis-a-vis questions of law, unless such question of law be a substantial one...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court while deciding second appeal is strictly confined to case involving substantial question of law and it is not permissible for High Court to re-appreciate evidence on record and interfere with findings recorded by Courts below and/or First Appellate Court and if First Appellate Court has..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - O.41.R.5 CPC does not confer any power or jurisdiction on Appellate Court to stay execution of a decree which is not challenged in that particular appeal...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
Civil Procedure Code, 1908, Section 21 -- Objection to jurisdiction - Rejection of transfer petition - Plea of pecuniary jurisdiction was not taken by defendant in his written statement, but becomes available to him only when amendment has been made to CPC - Interest of defendant therefore, may be protected in any further appeal against decree if any objection is taken..........
Rent and Eviction -- Eviction order - Concurrent findings of two Courts - Held, High Court exceeded its jurisdiction in interfering with the concurrent findings of fact of two Court below while allowing writ appeal entirely on new ground of maintainability of application without examining the legality and correctness of the concurrent findings of two Courts below...........
Contempt of Courts Act, 1971, Section 2(a), 19(1) -- Contempt of Court - High Court passes order in exercise of its jurisdiction to punish any person for Contempt of Court - Alone appeal would be maintainable u/s 19(1) of the Act...........
Administrative Tribunal Act, 1985, Section 17 -- Contempt - Order passed by Administrative Tribunal refusing to punish contemnors in exercise of its jurisdiction u/s 17 of the Act - No appeal would lie...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - It must be confined to error apparent on the face of record and review proceeding is not by way of an appeal - Re-appraisal of entire materials on record for finding error would amount to exercise of appellate jurisdiction which is not permissible...........
Fair price shop -- Both the parties asserting their respective rights to run the shop - Commissioner cancelled the license of respondent no.1 - High Court set aside said order of Commissioner by allowing writ petition against the same - However, merits of case could not be examined either by Commissioner in appeal properly or High Court in writ petition - Parties were..........
