Search Results for "Section 100 CPC"

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Supreme Court Remands Second Appeal to High Court for Fresh Disposal Due to Lack of Reasoning in Dismissal Order. High Court's Casual Approach in Dismissing Second Appeal Without Framing Substantial Questions of Law Under Section 100 CPC Found Unsustainable.

The State of Rajasthan and its authorities appealed against the judgment of the Rajasthan High Court which dismissed their second appeal in limine. Th...

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Supreme Court Allows Appeal in Gift Deed Dispute, Restores Concurrent Findings of Trial Court and First Appellate Court. High Court's Reversal Set Aside for Exceeding Jurisdiction Under Section 100 CPC and Misconstruing Valuation as Consideration.

The Supreme Court allowed the appeal filed by Jagdish Chander (appellant/first defendant) against the judgment of the Himachal Pradesh High Court whic...

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Supreme Court Remands Second Appeals to High Court for Non-Compliance with Section 100 CPC. High Court Failed to Frame Substantial Questions of Law Before Allowing Second Appeals.

The Supreme Court heard civil appeals arising from a batch of second appeals decided by the Punjab & Haryana High Court. The dispute involved property...

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Supreme Court Allows Appeals and Remands Second Appeals to High Court for Fresh Disposal Due to Procedural Non-Compliance Under Section 100 CPC. High Court Dismissed Second Appeals on an Un-Framed Question Without Following Mandatory Procedure Under Section 100(5) CPC.

The appellant, Tanuku Taluk Village Officers' Association, filed two civil suits against Tanuku Municipality and others: one for permanent injunction ...

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Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

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Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

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Supreme Court Remands Second Appeal for Non-Compliance with Section 100 CPC - Substantial Questions of Law Must Be Framed Before Hearing. High Court's Failure to Frame Questions Before Hearing Vitiated the Proceeding, Matter Remitted for Fresh Adjudication.

The Supreme Court dealt with a civil appeal arising from a second appeal under Section 100 of the Code of Civil Procedure, 1908. The second appeal was...