Search Results for Tag : Second Appeal
Judgments
High Court cannot proceed to hear a second appeal without formulating the substantial question of law(01.09.2017)
Respondent No. 1-Plaintiff filed a suit for perpetual injunction against the Defendants restraining them from interfering with the peaceful possession.....
Tags : Question of law, Formulation, Second appeal
Reference to factual aspects in Second Appeal by the High Court to raise and conclude on question of law does not mean that evidence has been re-appreciated(02.09.2021)
The Plaintiff filed the suit seeking the relief of perpetual injunction to restrain the Defendants from interfering with the peaceful possession and e.....
Tags : Facts, Reference, Second appeal
News
Mandatory for HC to Frame Substantial Question in Second Appeal Even if Earlier Findings Perverse: SC(04.02.2019)
Supreme Court has observed that it is obligatory for a High Court, while considering a Second Appeal, to frame substantial question of law in second a.....
Tags : Supreme Court, Second Appeal
SC: HC Has No Jurisdiction to Decide Upon Unframed Question of Law During Second Appeal(28.03.2017)
Supreme Court, while setting aside a High Court judgment, which suo moto applied a provision of law while deciding a second appeal, has reiterated tha.....
Tags : Supreme Court, second appeal
Apex Court: ‘Substantial Question Of Law' Requirement Not Mandatory in Second Appeals Before P&H HC(20.05.2019)
Supreme Court has observed that "Insofar as the State of Punjab is concerned, a second appeal does not require formulation of a substantial question o.....
Tags : Apex Court, Second Appeal
Supreme Court: Second Appeal not to be Rejected Merely on Ground of 'Concurrent Findings'(16.08.2019)
Supreme Court has ruled that a High Court cannot reject a second appeal merely on the ground that there is a concurrent finding of two Courts (whether.....
Tags : Supreme Court, Second Appeal
Bombay HC: Not Necessary to Hear Respondents at Time of Admission of Second Appeal(25.08.2021)
Bombay High Court has held that it is not necessary to hear the respondents at the time of admission of the second appeal filed under Section 100 of t.....
Tags : Bombay High Court, Hearing of Respondents at Time of Second Appeal
SC: Court in Second Appeal Must Frame Substantial Question of Law at Admission Stage Itself(25.09.2023)
Supreme Court has held that a Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save an.....
Tags : Supreme Court, Second Appeal, Question of Law
SC: Second Appeal Cannot be Rejected on Merits when Appellant is Unrepresented on Day for Hearing(16.12.2019)
Supreme Court has observed that a High Court cannot reject a second appeal on merits when the Appellant is unrepresented on the date fixed for hearing.....
Tags : SC, Second Appeal
Bom. HC to SIC: Establish Time Limit for Disposal of Second Appeals Under RTI Act(14.12.2023)
Bombay High Court has directed the Maharashtra State Information Commission (SIC) to take appropriate steps to formulate some reasonable time limit an.....
Tags : Bombay High Court, State Information Commission, Second Appeal, Time Limit
Punjab & Haryana High Court Issues Directions for Filing of Regular Second Appeals(24.02.2020)
Punjab and Haryana High Court have laid down rules for the filing of Regular Second Appeals, to enable easier understanding of the facts of the case. .....
Tags : Punjab & Haryana High Court, Filing of Regular Second Appeals
Andhra Pradesh HC: Substantial Questions of Law Can’t Be Created By Contradicting Initial Position(09.02.2024)
Andhra Pradesh High Court while dismissing a second appeal, has held that a second appeal filed by taking a contradictory stand to the initial stand b.....
Tags : Andhra Pradesh High Court, Substantial Questions of Law, Second Appeal
SC: High Court Cannot Dismiss Second Appeal in Limine Without Assigning Reasons(30.11.2021)
Supreme Court has remitted a matter back to the High Court for fresh consideration, holding that a High Court cannot dismiss a second appeal filed und.....
Tags : Supreme Court, Second Appeal in Limine
Ker. HC: Second Appeal Under CPC Admissible on Substantial Question of Law & Not on Equitable Grounds(25.01.2024)
Kerala High Court has held that High Court shall admit and hear second appeal under Order XLII Rule 1, 2 read with Section 100 Code of Civil Procedure.....
Tags : Kerala High Court, Section 100 CPC, Order XLII CPC, Second Appeal
Ker. HC: Commercial Courts Act Does Not Provide For Second Appeals(12.01.2024)
Kerala High Court has held that the legislature introduced a non-obstante clause in sub-section (2) of S. 13 of the Commercial Courts Act limiting the.....
Tags : Kerala High Court, Second Appeals, Commercial Courts
Supreme Court Sets Aside HC Order Condoning Delay of 1011 Days in Filing Second Appeal(21.12.2021)
Supreme Court has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or sa.....
Tags : Supreme Court, Delay of 1011 Days in Filing Second Appeal
Additional ‘Substantial Questions of Law’ Can Only Be Framed at the Time of Hearing: SC(16.05.2018)
Supreme Court has observed that the High Court can frame additional substantial questions of law in the second appeal only during the hearing and not .....
Tags : Supreme Court, Second Appeal