Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Resistance to execution of eviction decree - Concurrent finding of fact that appellant had no independent right to suit premises - Held, objections rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Perverse findings of facts cannot be stamped as correct only because they are concurrent findings...........
Civil Procedure Code, 1908, Section 100 -- Substantial question of law - Suit for possession and injunction - Dismissed by Trial Court on the ground of maintainability, limitation and other ground - Lower Appellate Court affirmed the judgment and decree of Trial Court - Appeal dismissed also on a finding that defendant had acquried title over the suit property by way of..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Maintainability of suit challenging consent decree - Suit by Trust through Chief Trustee - Resolution of Trust authorising Chief Trustee to compromise suit - Other Trustees signatory of resolution - Compromise entered among parties - Another suit filed by Trust for setting aside consent decree - Challenge on the ground that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petitioner filed suit for permanent injunction - Trial Court held defendants cannot be restrained from raising construction on their own land in their possession - Status quo ordered regarding natural flow of water - Petitioner filed appeal - Dismissed - Concurrent findings - No document on record to prima facie prove that..........
Civil Procedure Code, 1908, Section 100 -- Interference with finding of fact - When permissible in second appeal - General rule that High Court will not interfere with concurrent findings of Courts below, is not an absolute rule - Exceptions are (i) Court below have ignored material evidence or acted on no evidence (ii) The Courts have drawn wrong inference from proved..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Second appeal cannot be decided on merely equitable grounds - Concurrent findings of fact howsoever erroneous cannot be disturbed in second appeal - Substantial question of law has to be distinguished from a substantial question of fact...........
Civil Procedure Code, 1908, Section 100 -- Concurrent finding of facts - Scope of intereference - Even if a second opinion is possible on basis of the facts and evidence on record, the High Court would not like to substitute its opinion on the same unless the opinion expressed by the Courts below was patently absurd...........
Criminal Procedure Code, 1973, Section 427, 428, Indian Penal Code, 1860, Section 64, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Conviction u/s 21 & 23 of NDPS Act - Imprisonment in default of payment of fine - Where two sentences of fine are imposed and two defaults in respect thereof committed, defaulting convict has to undergo two separate..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Finding of fact - Scope of interference - Suit for specific performance - Readiness and willingness to perform contract - Mixed question of law and fact - Concurrent finding of fact by the Courts below, that there is no evidence adduced by the plantiff to show readiness and willingness to perform his part of..........
