Showing : 151-160 of 574 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Suit for cancellation of sale deed - Question as to whether disputed sale deed was result of fraud committed against plaintiff by defendant or not, is not a question of law but a question of fact that can be decided on the basis of evidences as held by..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Eviction suit - Structural change - Trial Court came to a definite finding on structural alteration which is endorsed by first appellate court on re-appreciation of evidence - High Court in second appeal was not justified in upsetting the finding which is a pure question of fact...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Finding of fact - Even if finding of fact is wrong, that by itself does not constitute a question of law - Wrong finding should stem out on a complete misreading of evidence or it should be based only on conjectures and surmises...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Section 100-- Injunction - Concurrent finding whereby defendants restrained from dispossessing plaintiff except in accordance with law - However, finding that plaintiff can be evicted only under the provisions of H.P. Urban Rent Control Act, 1987, set aside - It is for the defendants to initiate appropriate..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for permanent injunction - Dispute as to ownership and possession of plaintiffs over suit property - These are matters relating to fact - Ownership of plaintiff over suit property is admitted and proved fact - Possession on the basis of evidence was decided by first appellate..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Not maintainable at the instance of defendant who did not challenge the decision of trial Court as confirmed in first appeal...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27-- Additional evidence at appellate stage - Before Admission of appeal or before initiation of hearing of appeal - Cannot be allowed...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing substantial question of law - Suit for perpetual injunction dismissed by both trial Court and first appellant Court - High Court committed error by reversing the judgment of trial Court and appellate Court without formulating substantial question of law and complying..........
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..........

Showing : 151-160 of 574 Results