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Bombay High Court Allows Second Appeal Against Lower Appellate Court's Decree for Non-Compliance with Order XLI Rule 31 CPC. Holds That First Appellate Court Must Independently Assess Evidence and Give Reasons for Each Point; Mere General Concurrence Is Insufficient and Vitiates Judgment.

The dispute originated from a partition suit filed by the respondent-plaintiff, claiming a one-fourth share in ancestral properties as the daughter of...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case arises from a Letters Patent Appeal against a judgment dated 2nd February 1988 passed by a learned Single Judge of the Bombay High Court in F...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case involves a Letters Patent Appeal arising from a judgment dated 2nd February 1988 passed in First Appeal No.4 of 1978 by a learned Single Judg...

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Supreme Court Remands First Appeal for Fresh Disposal Due to Non-Compliance with Order XLI Rule 31 CPC. High Court Failed to Reappreciate Evidence and Address Limitation Issue Under Article 54 of Limitation Act, 1963 in Suit for Specific Performance.

The Supreme Court considered an appeal by the plaintiff against the judgment of the Karnataka High Court, which had affirmed the trial court's dismiss...

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Bombay High Court Dismisses Appeal in Sale Deed Cancellation Suit — No Substantial Question of Law Arises. Concurrent findings of fact that sale deed was executed voluntarily and for consideration cannot be interfered with under Section 100 CPC.

The present second appeal was filed by the original plaintiffs (appellants) against the concurrent judgments of the trial court and the first appellat...

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High Court of Karnataka Hears Regular Second Appeal Against Decree Declaring Suit Darga as Personal Property. The Wakf Board Appealed the First Appellate Court’s Finding that It Failed to Adduce Evidence of Wakf Declaration under Sections 4 and 5 of the Wakf Act, 1995.

The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit ...