Civil Procedure Code, 1908, Section 100 -- Second appeal - Contention that plaintiffs are not entitled to seek relief in second appeal on the ground that they have not challenged the judgment of trial Court before first appellate Court - Contention not sustainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of first appellate Court based on conjectures and surmises - Perverse approach of first Appellate Court in arriving at the findings gives rise to substantial question of law, thereby justifying High Court to interfere with the same...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of facts recorded by two Courts below that plaintiffs were not in possession of suit property - Counsel for plaintiffs failed to point out any question of law much less substantial question of law - No interference warranted in said concurrent findings - Second..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal u/s 37 of the Act - High Court has no jurisdiction to remand the matter to the same arbitrator unless it is consented by both the parties that matter be remanded to same Arbitrator...........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal u/s 37 of the Act - Two options are available to Court for considering appeal u/s 37 of the Act i.e. High Court either may relegate the parties for fresh arbitration or to consider the appeal on merits on basis of material available on record within scope and ambit of jurisdiction u/s 37 of the Act...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When there are concurrent findings of both the Courts in a well reasoned order, second appeal is not maintainable without any substantial question of law involved in it...........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
Agreement to sell -- Specific performance - Claim for damages - Relief of damages not claimed - Even in appeal, no relief for damages claimed by appellants - Relief of damages cannot be granted to appellant. (Specific Relief Act, 1963, S.21(5)...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by Courts below that plaintiff failed to show his ownership and possession over plot in question - Finding of fact is based on proper appreciation of evidence on record - Plaintiff rightly not entitled to decree for permanent injunction - Second..........
Auction sale -- Recovery proceedings - Non-grant of interim relief pending appeal before DRAT - Main appeal is yet to be considered by DRAT on merits - High Court has not properly appreciated the fact that what was challenged before it was regarding non-grant of any interim relief pending appeal before DRAT - High Court has decided and disposed of writ petition as if High..........
