Showing : 151-160 of 566 Results

UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100, Order 2, Rule 2-- Bar of subsequent suit - Second appeal - Subsequent suit filed in respect of same property as was in the earlier suit - Both the parties are also same - Even reliefs claimed in both the suits were in respect of same property - Second suit is barred U.O.2.R.2 CPC - Findings of Courts below are..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 31-- Judgment of appellate Court - Points of determination - First appellate Court gave cogent reasons for not interfering with the findings of trial Court - Though points of determination have not been framed but appellate Court stated its own points for deciding appeal - No procedural defect in the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Before admitting second appeal, it is duty of High Court to formulate substantial questions of law as required u/s 100 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Dismissal of second appeal, after hearing parties, by holding that no substantial question of law is involved - Order upheld, as requirement of formulating substantial question of law is only before admitting second appeal...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Plea of limitation - It is a pure and simple question of law and not a mixed question of facts and law - It can be raised as a plea of defence either in written statement before trial Court or in appeal before appellate Court...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Eviction petition - Finding of fact - Finding of appellate Court as to relationship of landlord and tenant and need for demolishing existing building for construction of a new building for personal use and that tenant has not paid rent to landlord since he purchased the suit property - In second..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Dispute as to title of suit property - Based on oral and documentary evidence, both the courts below recorded concurrent findings of fact that plaintiffs are the owners of `A' scheduled property - High Court committed error by ignoring the material..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Concurrent findings by Courts below are not usually interfered in second appeal - But it is not an absolute rule to be applied universally and invariably - If findings of Courts below are either perverse or not based on material on record the same are subject matter to be looked..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - High Court in second appeal, cannot interfere with the findings of lower appellate Court on facts unless it appears that those findings are perverse and based on no evidence or there is misreading of evidence...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Can be allowed only when there is a substantial question of law involved - However, it is settled law that High Court can interfere in second appeal when finding of First Appellate Court is not properly supported by evidence. (Para 11)
Cases referred:
AIR 1965 SC 1564..........

Showing : 151-160 of 566 Results