Criminal Procedure Code, 1973, Section 401 -- Revision - Concurrent finding of facts recorded by Courts below - Not to be interfered with unless glaring features which would otherwise tantamount to gross miscarriage of justice is brought to the notice of the Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Appreciation of evidence on issue of question of fact - Unsustainable - Suit for redemption by purchaser - Vendors allegedly heir's of mortgagor - Trial Court and first appellate Court on appreciation of evidence giving concurrent finding that plaintiff did not prove that vendors were heirs of mortgagor and that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of lower Court - High Court cannot reassess evidence and arrive at a different conclusion...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Bona fide requirement - Does not give rise to any substantial question of law - High Court in second appeal cannot reverse concurrent finding of Courts below by re-appreciating evidence...........
Rent and Eviction -- Bona fide requirement - Concurrent finding - High Court in second appeal cannot reverse the finding by re-appreciating evidence - Bona fide requirement of landlord does not give rise to any substantial question of law. (Civil Procedure Code, 1908, S.100)..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of fact - High Court not to interfere except in cases where it is found that the Courts below ignored the weight of preponderating circumstances and allowed the judgments to be influenced by inconsequential matters, where the concurrent findings of facts are vitiated by non-consideration of..........
Hindu Marriage Act, 1955, Section 23A, 13, Civil Procedure Code, 1908, Order 8, Rule 6A -- Petition for judicial separation by wife - Counter claim by husband seeking a decree for dissolution of marriage on ground of cruelty - Husband paid separate Court fee and made specific prayer for grant of a decree of dissolution of his marriage - Wife not shown to be prejudiced in..........
Civil Procedure Code, 1908, Section 100 -- Concurrent finding of both Courts below that person in possession of land as tenant paying batai - Finding arrived at based on appreciation of evidence - High Court not to enter into re-appreciation of evidence and interfere with finding of fact...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Counsel appeared on behalf of defendant - Advocate thereafter continuously appearing for the defendant - Defendant claiming knowledge of exparte decree on 1.6.1997 - Decree passed on 28.11.1995 - Application to set aside ex parte decree filed on 2.6.1997 - No..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Mere lack of details in the pleading cannot be reason to set aside concurrent finding of facts...........
