Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - When two Courts below have recorded concurrent findings of fact against plaintiffs, which are based on appreciation of facts and evidence, such findings being concurrent in nature are binding on High Court - It is only when such findings are found to be against any provision of law or..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Trial Court recorded a finding of fact by marshalling evidence and first appellate Court while fully concurring with said finding of fact has affirmed the same - Concurrent findings of both the Courts below is based on sound reasonings, which cannot be faulted and as such no question of law much less substantial..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact even if insufficient or inadequate, cannot be interfered with in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope - When there are concurrent findings of fact and there is no material to show that any vital evidence was ignored or that any inadmissible evidence has been considered, there is no scope for interference in such findings in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery - Evidence produced on record by plaintiff, establish that goods were delivered to respondent - PW1 has given the names of individuals whose signatures appeared on these invoices to show that the goods were received - Defendant did not produce any individual to deny signatures over those invoices..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court ignored vital averments made in plaint and also ignored important material on record and also failed to consider question of law involved in the matter - High Court also not assigned any reason, much less valid reason, to disturb the concurrent findings of fact arrived at by Courts below - Impugned order..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of Courts below - High Court while exercising powers u/s 100 CPC, cannot re-appreciate evidence available on record - But, there is no complete bar for High Court to upset concurrent findings of Courts below, if same appears to be perverse...........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot re-appreciating evidence available on record - However, there is no complete bar for High Court to upset concurrent findings of Courts below, if same appears to be perverse...........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........