Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........
Armed Forces Tribunal Act, 2007, Section 15 -- Appeal against conviction - Tribunal Could re-appreciate evidence to find out if any findings of Court Martial is legally not sustainable due to any reason or that finding involves wrong decision on a question of law or there was a material irregularity in Court of trial resulting in miscarriage of justice - But such wide..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed in question is null and void - Gift deed declared null, void and not binding on plaintiffs by trial Court - Said finding attained finality - However, declaratory relief denied to plaintiff on the ground that plaintiff not sought relief of possession - Said findings are erroneous and perverse -..........
Criminal Procedure Code, 1973, Section 227, 228 -- Charge - Production of documents seized but not relied upon in the final report - Such documents referred by accused to establish that no case is made out at all - Court to consider the plea of accused on this count and after evaluating the material, to accept or reject the plea of accused, by returning findings as to..........
Civil Procedure Code, 1908, Order 21, Rule 5 -- Judgment of first Appellate Court - First Appellate Court scrutinized entire pleadings and evidence on record and only thereafter affirmed findings recorded by trial Court by passing detailed judgment - No exception therefore can be taken to judgment so passed by first Appellate Court, more particularly, when same are hit by..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - While exercising revisional power, High Court cannot reappreciate evidence on record, both oral and documentary - Revisional jurisdiction is confined to find out whether findings of fact rendered by Court or Authority below were according to law and do not suffer from any error of law...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15(6) -- Eviction order - Upheld by Appellate Court - Revisional Court set aside eviction order - High Court while exercising Revisional jurisdiction did not spell out or advert to any perversity in the findings rendered either by Rent Controller or by Appellate Authority - Impugned order set aside -..........
Transfer of Property Act, 1882, Section 107 -- U, registered lease deed - Signature of lessor does not appear in lease deed - Lease deed in question is even unregistered - Same cannot be construed as a valid lease deed - Plaintiff thus, not acquired any title by virtue of lease deed in question - Findings of Court below regarding possession is inconsequential...........
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 13 - - Sexual Harassment of Women at work place - Non-supply of preliminary inquiry report to petitioner - Preliminary inquiry report was not a report containing any findings against petitioner rather only opinion was expressed that disciplinary inquiry be initiated against..........
Words and phrases -- `Concurrent findings of fact' and `reversing finding' - If Appellate Court affirms finding, it is called `Concurrent findings of fact' - Whereas, if finding is reversed, it is called `reversing finding'...........
