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High Court of Karnataka Dismisses Appellant's Second Appeal Against Dismissal of First Appeal for Default — Second Appeal Under Section 100 CPC Not Maintainable Against Dismissal for Non-Prosecution as No Decree Passed and No Substantial Question of Law Arises

The appellant, Sri Vithal Laxman Kambale, filed a suit for a permanent injunction against the respondents (Deputy Commissioner, Tahasildar & Taluka Ex...

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Supreme Court Declares Section 13(2) of Chhattisgarh Rent Control Act, 2011 Ultra Vires for Lack of Legislative Competence. State Legislature Cannot Confer Direct Appellate Jurisdiction on Supreme Court; Provision Invalid.

The case arose from an appeal filed under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, against an eviction order passed by the Rent Contr...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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High Court of Karnataka Quashes Lower Appellate Court's Order Allowing Amendment of Written Statement in Remanded Civil Appeal. Procedural Irregularity Found as Application Decided Independently Without Simultaneous Hearing with Main Appeal, Contravening Settled Principles Under Section 96 CPC.

The writ petition arose from a civil suit concerning property rights. The plaintiff filed a suit for partition and declaration, which was decreed by t...

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Bombay High Court Acquits Multiple Accused in Dacoity Case Due to Unreliable Identification and Lack of Evidence. Convictions under Section 395 IPC set aside as test identification parade was not conducted and recovery of stolen property was not linked to the accused.

The case involves multiple appeals against a common judgment of the Additional Sessions Judge, Wardha, convicting several accused for offences under S...