Search Results for "Reversal of Findings"

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Search Results for "Reversal of Findings"

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High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. The First Appellate Court's judgment reversed the Trial Court's decree without framing points for determination or discussing evidence, rendering it unsustainable.

21 Dec 2023

The present Second Appeal was filed by the original defendants (appellants) against the judgment and decree dated 04/07/2005 passed by the learned 2nd...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

16 Jun 2023

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20.07...

High Court

High Court of Bombay at Nagpur Allows Revision by Tenant, Remanding Eviction Suit for Fresh Decision — Appellate Court's Order Set Aside for Non-compliance with Section 107 CPC. The Court held that the lower appellate court, in reversing the trial court's dismissal, failed to re-appreciate evidence and assign reasons as required under Sections 96 and 107 of the Code of Civil Procedure, 1908, warranting remand.

2 May 2017

The matter arose from a civil revision application filed by the original defendant-tenant against the judgment and decree of the District Judge, Nagpu...

High Court

Bombay High Court Allows Second Appeal in Possession Suit, Sets Aside Appellate Decree for Lack of Evidence of Title. Court holds that mere possession without proof of title cannot sustain a decree for possession against the true owner.

16 Apr 2014

The case involves a dispute over possession of agricultural land between two brothers, Kanhu (appellant/defendant) and Badalshaha (respondent/plaintif...

High Court

Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings.

26 Feb 2014

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operat...

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