Search Results for "Order 41 Rule 31 CPC"

9 result(s) found

Scroll Down To Discover

Found 9 result(s)

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Second Appeal in Money Loan Dispute — Sets Aside Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Lack of Proper Reappreciation of Evidence Renders First Appellate Court's Judgment Unsustainable.

The appellant-defendant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 1...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeal Due to Inadequate Points for Determination by First Appellate Court Under Order 41 Rule 31 CPC. First Appellate Court Must Frame Proper Points and Decide All Issues as Final Court of Facts.

The appellant, Wadhumal son of late Sakhawatrai Khodecha, filed a second appeal before the Bombay High Court, Nagpur Bench, against the judgment and d...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Appeal in Partnership Dispute — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant (defendant) challenged the judgment of the II Additional Civil Judge (Sr. Dvn.) Hubballi in RA No.126/2004 dated 12.12.2006, which rever...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Review Petitions in Partition Suit — No Error Apparent on Record in Second Appeal Dismissal. Order 41 Rule 31 CPC Compliance Not Required at Admission Stage of Second Appeal.

The judgment concerns two review petitions filed by the original plaintiff, Genba Sahadu Modak (since deceased through his legal heir), against the di...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeal in Matrimonial Dispute — Sets Aside Lower Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Illegal and Unsustainable.

This Second Appeal arises from a matrimonial dispute between Sunil Ramnath Argade (appellant) and Latabai Sunil Argade (respondent). The appellant cha...

© Image Copyrights Juris Services & Technology

High Court of Bombay Allows Second Appeal in Service Matter Due to Non-Compliance with Order 41 Rule 31 CPC — Lower Appellate Court Must Frame Points for Determination Even When Affirming Trial Court Judgment.

The case arises from a Second Appeal filed by the original defendants, Barnes School and Bombay Education Society, against the judgment and order date...

© Image Copyrights Juris Services & Technology

Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree of Permanent Injunction. The Court held that the First Appellate Court's failure to frame points for determination under Order 41 Rule 31 CPC vitiated its judgment.

The case involves a property dispute between the appellants (plaintiffs) and the respondents (defendants) concerning a suit for permanent injunction. ...

© Image Copyrights Juris Services & Technology

High Court Sets Aside First Appellate Court Judgment for Non-Compliance with Order 41 Rule 31 CPC in Property Dispute. Failure to Formulate Points and Adjudicate All Issues Renders Judgment Unsustainable; Matter Remanded for Fresh Decision on Title and Adverse Possession.

This second appeal arose from a property dispute over a house on nazul land in Nagpur. The original plaintiff, Jankibai (later substituted by Puniyaba...