Civil Procedure Code, 1908, Section 100 -- Second appeal - For entertaining an appeal u/s 100 CPC, it is immaterial as to whether it is against `concurrent findings' or `divergent findings' of Courts below...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is recorded tenure holder in possession of disputed property - Defendant has failed to prove that disputed land was acquired by him - Defendant has further admitted possession of plaintiff on disputed property - Appellate Court rightly held that plaintiff is owner of..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Condonation of delay - Dismissal of application by first appellate Court - Second appeal filed against such order and not against order dismissing first appeal - Order dismissing application for condonation of delay is not a decree and in the true sense it is only a formal order - Second appeal..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Detailed factual enquiry is impermissible while hearing an appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - First Appellate Court reversed the findings of trial Court on basis of surmises and is not based on any cogent reasons - Such findings are unsustainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff being husband of deceased is heir of deceased - Nikahanama in proof of marriage between plaintiff and deceased was available on record - PW2, who is witness of said marriage stated that amount of Mehar is also settled - Therefore, in absence of any contrary evidence, First..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law means not only `substantial question of law' of general importance but also a substantial question of law arising in a case as between parties...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court is not expected to exercise power U.O.41.R.33 CPC, while admitting an appeal - Such power can be exercised while considering appeal on merits...........
Civil Procedure Code, 1908, Section 41 -- Remand - Suit for permanent injunction - Appellate Court remanded the matter back to trial Court on the ground that trial Court had not recorded specific conclusion with regard to plot in question - However, judgment of trial Court reveals that categorical finding has been recorded in it with regard to ownership and possession of..........
