Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - High Court, in second appeal, can interfere on a question of fact if it is satisfied that finding of fact recorded by Courts below stood vitiated by non consideration of relevant evidence or by showing an erroneous approach to the matter i.e. that the findings of fact are found to be perverse -..........
Civil Procedure Code, 1908, Section 103 -- Second appeal - Conditions required to be fulfilled for exercising power u/s 103 CPC are : (i) Determination of an issue must be necessary for the disposal of appeal; (ii) The evidence on record must be sufficient to decide such issue; and (iii) (a) Such issue should not have been determined either by the trial court, or by the..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Attorney - Evidence as regards personal knowledge - (a) An attorney holder who has signed the plaint and instituted the suit, but has no personal knowledge of the transaction can only give formal evidence about the validity of the power of attorney and the filing of the suit; (b) If the attorney holder has done any act or..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section , Order 39, Rule 1,2, Specific Relief Act, 1963, Section 38 -- Ex parte report of local commissioner - Evidentiary value - Suit for permanent injunction - Commissioner appointed to conduct spot inspection at the behest of plaintiff, without notice to defendants - Advocate commissioner who..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Suit still pending though plaintiff's evidence already recorded - Technically petitioner not served - Ex parte order set aside - Petitioner granted opportunity to file written statement and after framing of issues plaintiff shall have the right to lead further evidence and petitioner shall have..........
Evidence Act, 1872, Section 101, 104, Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of money - Suit for - Burden of proof - Shifting of - Held, in a suit for recovery of amount, burden lies on plaintiff to prove that he gave suit amount to defendant - But in view of admission and no, issuance of any reply by defendant, burden shifts to defendant to prove that he..........
Civil Procedure Code, 1908, Order 37, Rule 1, Stamp Act, 1899, Section 36 -- Recovery of money - Suit for - Admissibility of evidence - Defendant clearly admits receipt of Rs.6,00,000/- but failed to prove that he has taken that amount for purchasing of landed properties on behalf of plaintiff and not as a debt as alleged by him - Plea of inadmissibility into evidence of..........
Civil Procedure Code, 1908, Order 15, Rule 3 -- Where summons have been issued for settlement of issues and where issues have been settled, unless the parties agree, the Court cannot deny the right of parties to lead evidence - To render a final decision by denying such opportunity would be highhanded, arbitrary and illegal...........
Civil Procedure Code, 1908, Order 6, Rule 2, Constitution of India, 1950, Article 226, Urban Lands (Ceiling and Regulation) Act, 1976, Section 5, 10 -- Subsequent transferee of surplus land - Seeking of declaration that the Ceiling Authorities should not interfere with the possession of petitioner - Neither date of notification u/s 10(1) of the Act disclosed nor sale deed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - Based on evidence - Calls for no interference...........
