Showing : 1-10 of 263 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Judgment in second appeal - Mere error in framing a question of law would not render a judgment in second appeal liable to be set aside, if it is found that a substantial question of law existed and such substantial question of law has in fact been answered by High Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Order admitting appeal should specifically state what are questions of law on which appeal is admitted - Obviously if no substantial question of law arises then appeal has to be dismissed at threshold...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100- - Second appeal - Substantial question of law - Court has power to hear appeal on any substantial questions of law not formulated by it if it is satisfied that case involves such questions - However, in such eventuality Court has to record its reasons for formulating such questions of law...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Concurrent finding of fact - Appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - First Appellate Court decreed the suit - No substantial question of law arises for decision in the case - Second appeal is concluded by findings of facts and thus, accordingly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41-- Second appeal - Substantial question of law - Framing of substantial question of law in second appeal is not mandatory so far as State of Punjab is concerned since Punjab Act would be applicable for State of Punjab - S.100 CPC would not hold the field having supervening effect...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Substantial question of law required to be framed at the time of admission of appeal after hearing appellant as provided u/s 100(4) CPC - However, High Court failed to comply with provisions of S.100(4) and S.100(5) CPC and framed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Income Tax Act, 1961, Section 260A(3)-- Appeal - Non-framing of substantial question of law by High Court as mandatorily required u/s 260-A(3) of the Act - High Court not decided the appeal in accordance with law - Impugned order of High Court set aside - Matter remanded to High Court for fresh hearing on merits...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - High Court framed as many as six substantial questions of law, but did not answer any of them on merits and instead went on discussion on all other issues, which were not subject matter of six questions framed and allowed the second appeal as if it was..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
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...........

Showing : 1-10 of 263 Results