Search Results for "Re-appreciation of evidence"

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Supreme Court

Supreme Court Dismisses Review Petition in Civil Appeal Due to Absence of Error Apparent on Record. Review Jurisdiction Limited to Correcting Patent Errors Under Order 47 of Code of Civil Procedure, 1908, Not Satisfied by Grounds Presented.

15 Mar 2022

The Supreme Court considered a review petition challenging its earlier dismissal of a Special Leave Petition. The litigation originated from Special C...

Supreme Court

Supreme Court Dismisses Review Petition in Motor Accident Compensation Case Due to Absence of Error Apparent on Record. Compensation Previously Enhanced from Rs. 22,35,870 to Rs. 40 Lakhs Maintained as No Grounds for Further Enhancement Established Under Review Jurisdiction.

10 Feb 2022

The dispute originated from a motor accident compensation claim where the Motor Accident Claims Tribunal in Madurai had awarded Rs. 22,35,870/-. This ...

Supreme Court

Supreme Court Dismisses Review Petition in Death Sentence Case Under IPC Sections 302 and 449 - Review jurisdiction limited to errors apparent on the record; no rehearing or re-appreciation of evidence permitted under Article 137 of the Constitution and Supreme Court Rules, 2013.

26 Nov 2021

The Supreme Court of India, in a review petition filed under Article 137 of the Constitution, dismissed a challenge to its earlier judgment affirming ...

Supreme Court

Supreme Court Quashes High Court's Decree in Specific Performance Suit Due to Procedural Lapses and Improper Reliance on Affidavit. First Appellate Court Must Re-appreciate Evidence and Frame Points Under Section 96 read with Order XLI Rule 31 CPC, and Pleadings Cannot Be Altered by Affidavit Without Amendment Under Order VI Rule 17 CPC.

4 Oct 2021

The dispute arose from an agreement for sale of property in Kaspa Coimbatore between the plaintiff and defendant, with the defendant agreeing to sell ...

Supreme Court

Supreme Court Upholds Arbitral Award in Favor of Concessionaire in Airport Metro Express Line Dispute. The court held that the Delhi High Court's interference under Section 37 of the Arbitration and Conciliation Act, 1996 was unjustified, as the Arbitral Tribunal's findings on defects and material breach in the concession agreement were based on evidence and within its jurisdiction.

9 Sep 2021

The Supreme Court of India addressed civil appeals arising from a dispute between Delhi Airport Metro Express Pvt. Ltd. (DAMEPL), the appellant and co...

Supreme Court

Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

3 Nov 2020

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

Supreme Court

Supreme Court Dismisses SLP Against Rejection of Review in Arbitration Dispute — Earlier SLP Against Main Judgment Dismissed Without Liberty. Principle of Finality Bars Subsequent Challenge to Review Order.

22 May 2020

The Supreme Court dismissed special leave petitions filed by Patel Engineering Ltd. against the High Court of Meghalaya's order rejecting their review...

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