Showing : 1-10 of 248 Results

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..........
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 - 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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Hearing of second appeal is open for any other substantial question of law, even if not formulated earlier, only in exceptional cases and for strong and convincing reasons, to be specifically recorded by High Court...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Agreement to sell - Interpretation of any terms and conditions of a document such as agreement to sell constitutes substantial question of law - High Court should first frame appropriate substantial question(s) of law then decide second appeal on merits...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Formulating substantial question of law - Even when findings of trial Court and First Appellate Court are perverse it is obligatory to first formulate appropriate substantial question of law then deal with the same after giving an opportunity of hearing to both sides...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - However, cursory reading of judgments of trial Court and First Appellate Court shows that second appeal involves substantial question(s) of law and therefore second appeal should have been..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law -..........

Showing : 1-10 of 248 Results