Civil Procedure Code, 1908, Section 100 -- Second appeal - Where findings are strictly finding of facts and are not shown to be perverse in any manner and they have not been returned on basis of any inadmissible evidence, it was not open for Second Appellate Court to go into correctness of those findings by reappreciating evidence adduced by parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot reappreciate evidence and interfere with finding of facts unless a substantial question of law or a question of law duly formulated is to be decided...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court is not expected to reassess entire evidence as if it were hearing a regular appeal - Interference is justified only if findings of Courts below are shown to be perverse, unsupported by evidence or based on an incorrect application of law...........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Deceased allegedly died due to head injury - However, there is complete lack of any evidence on the part of prosecution to demonstrate the manner in which accused had allegedly committed murder of deceased - Findings of acquittal of accused of charge u/s 302 IPC cannot be reversed - Acquittal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Appeal seeking re-appreciation of evidence is impermissible in second appellate jurisdiction in the absence of a substantial question of law...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Where a finding is returned by Court and same is assailed before appellate Court and appellate Court if it is a Court of fact may reverse it by appreciating evidence, but would have to record reasons in support of its conclusion...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When High Court exercises its jurisdiction u/s 100 CPC, particularly where there are concurrent findings of fact by two Courts below, interference with it is permissible on limited grounds such as where finding in question is perverse or is based on consideration of inadmissible evidence or by misreading or grossly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Questions sought to be raised in second appeal essentially relate to re-appreciation of evidence and challenge to concurrent findings of fact - Such questions do not give rise to any substantial question of law within the meaning of S.100 CPC...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Plea of adverse possession - Appellate Court cannot entertain a plea of adverse possession first time raised during appeal and cannot record its finding, where no issues were framed and no evidence was led at the stage of trial...........
