CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
3 months, 2 weeks ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of a substantial question of law is sine qua non for exercise of jurisdiction under Section 100 of the CPC” The court made these observations while hearing a Civil Second appeal which originated from a land acquisition process undertaken by the State for the four-laning of a national highway. Citing the Supreme Court's judgment in Kondiba Dagadu Kadam v. Savitkibai Sopan Gujar, he observed, “The conditions mentioned in Section 100 CPC must be strictly fulfilled before a second appeal can be maintained, and no court has the power to add to or enlarge those grounds. the expressions “perverse”, “unreasonable”, and “irrational” are of strong nature and cannot be used lightly and indiscriminately with a view to set aside the finding arrived at by the first appellate court, having further held that this is not a mantra that can be applied to do in a second appeal what the law enjoins it not to do” In the context of Shamilat land, the Court relied on its own precedents, including Kuldeep Raj v. State of J&K and State of J&K v. Hamida Begum, which established that individuals occupying Shamilat land have rights akin to ownership and are entitled to compensation upon acquisition.

Appeal Compensation Court Land State High Second Appellants Cpc Question Wani Mutation Section 100 Justice Wani Shamilat Shamilat Land Equitable Grounds Concurrent Findings Section 100 Cpc  shamilat  appeal  equitable  grounds  court  mutation  land  state  second  question  s100  strictly  compensation  cpc  appellants  high  findings  scope  jk

History of this topic

Jammu & Kashmir And Ladakh High Court Weekly Round-Up March 3 - March 9, 2025
1 week, 3 days ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up March 3 - March 9, 2025

Live Law  

Nominal Index: XXXX Vs UT of J&K 2025 Livelaw 66 Abdul Hamid Bhat Vs UT Of J&K 2025 LiveLaw 67 ARSHID AHMAD GANIE Vs UNION TERRITORY OF JAMMU AND KASHMIR 2025 Livelaw 68 Peer Rattan Nath Mahant Sh. Shiv ji Maharaj Peer kho Vs Wazir Onkar Singh 2025 LiveLaw 69 Meena Kumari vs Sainik Cooperative House Society Ltd 2025 Livelaw …

Supreme Court Monthly Digest- January 2025
3 weeks, 4 days ago

Supreme Court Monthly Digest- January 2025

Live Law  

Adalat Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. Jage Ram v. Ved Kaur, 2025 LiveLaw 138 Aircraft Act, 1934 Section 12B - Investigation by Local Police - …

Punjab Court Fees Act Applicable On Appeals Arising From Suits Filed In Punjab Regardless Of High Court's Location In Chandigarh: P&H HC
1 month, 3 weeks ago

Punjab Court Fees Act Applicable On Appeals Arising From Suits Filed In Punjab Regardless Of High Court's Location In Chandigarh: P&H HC

Live Law  

The Punjab & Haryana High Court has said that the Court Fees Act, 2009, will be applicable on appeals filed in the High Court if the suit from which an appeal has arrived was instituted in Punjab, regardless of the fact that the High Court is located in UT Chandigarh.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the suits which …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
2 months, 2 weeks ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. The Appellants sought rejection of the said plaint by filing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 on grounds that the suit was barred by limitation. However, the trial Court erroneously dismissed the …

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
2 months, 3 weeks ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court
3 months, 1 week ago

Appeal Cannot Be Dismissed As Not Maintainable On Account Of Non-Payment Of Requisite Fee: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court stated that appeal cannot be dismissed as not maintainable on account of non-payment of requisite fee. The Division Bench consisting of Justices Sanjeev Prakash Sharma and Sanjay Vashisth was considering a case where the Appellate Authority dismissed the appeal as not maintainable on the ground that the assessee/petitioner had failed to pay Rs. The …

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court
7 months, 3 weeks ago

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court

Live Law  

Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court has ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPC A bench comprising Justice Sanjay Dhar …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
8 months, 2 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Arbitral Award Can't Be Challenged U/S 47 CPC In Execution Proceedings: Allahabad High Court Imposes ₹5 Lakh Cost On State
11 months ago

Arbitral Award Can't Be Challenged U/S 47 CPC In Execution Proceedings: Allahabad High Court Imposes ₹5 Lakh Cost On State

Live Law  

The Allahabad High Court has imposed a cost of Rs. Courts must ensure that objections pertain solely to matters concerning execution, discharge, or satisfaction of the decree and do not encroach upon substantive rights or legal issues beyond the decree's scope.” The Court held that frivolous objections filed under Section 47 CPC must be dealt with strongly. and Sanjay Agarwal …

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court
11 months, 2 weeks ago

[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code as a tool to coerce defendants or convert unsecured debts into secured ones. The provisions of Order 38 Rule 5 being stringent in nature are to be construed strictly without being used as a lever for a plaintiff …

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court
1 year ago

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court

Live Law  

The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court. However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed, “Normally an appellate …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
1 year ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Can't Raise Objections U/S 47 Of CPC In Execution Proceedings For The Enforcement Of Award, S. 34 Of A&C Must Be Availed: Allahabad High Court
1 year, 1 month ago

Can't Raise Objections U/S 47 Of CPC In Execution Proceedings For The Enforcement Of Award, S. 34 Of A&C Must Be Availed: Allahabad High Court

Live Law  

The Allahabad High Court single bench of Justice Alok Mathur held that the objections under Section 47 of the CPC are not maintainable in execution proceedings for the enforcement of an arbitration award. It held that the revisionist should have challenged the award under Section 34 of the Arbitration Act and that objections under Section 47 of CPC were not …

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal
1 year, 1 month ago

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

Live Law  

The Andhra Pradesh High Court has dismissed a second appeal filed holding that the parties cannot blow 'hot and cold' and cannot be permitted to 'approbate or reprobate' at the same time. The order was passed by Justice B.V.L.N Chakravarthi in a second appeal filed by the defendants in a suit for partition by taking a contradictory stand to their …

Appeals, Second Appeals & Suits Connected By An Intrinsic Unity, To Be Regarded As One Legal Proceeding: J&K High Court
1 year, 2 months ago

Appeals, Second Appeals & Suits Connected By An Intrinsic Unity, To Be Regarded As One Legal Proceeding: J&K High Court

Live Law  

Underscoring the interrelated nature of legal remedies, the Jammu and Kashmir and Ladakh High Court has reiterated that appeals are not separate proceedings but rather continuations of the original suits. However, instead of filing an appeal, the university directly approached the High Court, invoking its extraordinary jurisdiction under Articles 226 and 227 of the Constitution seeking quashing of the trial …

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court
1 year, 5 months ago

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently observed that a subsequent suit is barred only if the first suit and the second suit are based on the same cause of action under Order 2 Rule 2 of the CPC. "The bar to the maintainability the subsequent suit under Order 2 Rule CPC will be attracted only when …

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court
1 year, 5 months ago

Can't Dismiss Appeals Solely For Late Submission Of Documents, Procedural Errors Can't Nullify One's Right To Appeal: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that the dismissal of the appeal by the appellate court solely due to the late submission of the certified copy of the order was not legally sustainable and amounted to a failure of justice. However, the appellate court dismissed the appeal holding that the certified copy of the impugned order …

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court
1 year, 7 months ago

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court

Live Law  

The Supreme Court observed, that in second appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial questions of law as per section 100 of the Code of Civil Procedure.The bench of Justices Abhay S. Oka and Sanjay Karol observed that the restraint in interfering with questions of fact under …

Karnataka High Court Says London Court's Order Directing KSRTC To Compensate British Couple For Accident Not On Merits, Not Executable
1 year, 7 months ago

Karnataka High Court Says London Court's Order Directing KSRTC To Compensate British Couple For Accident Not On Merits, Not Executable

Live Law  

The Karnataka High Court has allowed an application filed by the Karnataka State Road Transport Corporation under Section 47 of Code of Civil Procedure, and held that a decree issued by a court in the United Kingdom, directing compensation be paid to a British couple who suffered injuries when they met with an accident in 2002, while travelling in a …

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court
1 year, 8 months ago

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court

Live Law  

The Sikkim High Court has recently asserted that a judgment passed by a criminal court cannot be revised, reopened, or reversed through an application for modification/clarification. A bench comprising Justice Bhaskar Raj Pradhan was hearing an application filed by ED's Joint Director after nearly eight years of passing of the judgment dated 22.09.2015, seeking modification/ clarification. While informing that the …

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court
1 year, 8 months ago

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". The case before the court involved a civil suit filed …

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court
1 year, 9 months ago

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously. Elaborating on the subject the bench observed, ".The said two remedies are provided by …

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court
1 year, 10 months ago

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed mere protraction of trial or delay in deciding the appeal cannot be considered as a valid reason for reducing the sentence, especially when the appellant has been granted interim bail during the appeal process. A single bench of Justice Sanjay Dhar has while referring to Stat of Rajasthan vs. Banwari …

CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court
1 year, 10 months ago

CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court

Live Law  

The Supreme Court has made it clear that a first appeal and a second appeal arising out of two proceedings cannot be clubbed and disposed of by a common judgment even though the parties are essentially the same and the property in dispute is common. It observed that considerations to be made in case of a first appeal under Section …

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court
1 year, 11 months ago

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code to allow application for production of additional documents. Order XLI R 27 of …

S.25F ID Act Not Complied: Jammu & Kashmir High Court Says Acceptance Of Compensation Won't Estop Workmen From Challenging Retrenchment
2 years ago

S.25F ID Act Not Complied: Jammu & Kashmir High Court Says Acceptance Of Compensation Won't Estop Workmen From Challenging Retrenchment

Live Law  

" From the records, it is established that the retrenchment amount was paid to the Respondents in utter disregard of Section 25-F of the Act of 1947 and, therefore, once the employer has not followed the statutory obligation, then the acceptance of the retrenchment amount would not to be an estoppel for the workmen to challenge the order of retrenchment.If …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance Suit
2 years, 2 months ago

Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance Suit

Live Law  

The Supreme Court bench comprising Justices MR Shah and BV Nagarathna delivered a split verdict in a civil appeal arising out of a suit seeking specific performance of an agreement of sale. Without upsetting the findings recorded by the trial Court on execution of agreement to sell dated 7.8.2005; payment of part sale consideration and the other issues held in …

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)
2 years, 2 months ago

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach
2 years, 3 months ago

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach

Live Law  

Pointing out that the State litigation cannot be so 'casual', the Supreme Court of India recently rapped the Uttar Pradesh government for filing an appeal plea quite belatedly, with incorrect particulars. "A cursory reference to the pandemic situation is baseless for the reason that no such situation was prevalent on the date of passing of the order by the High …

High Court Dismisses Plea Requiring BCCI To Hold Fresh Elections To J&K Cricket Association, Amend Its Constitution
2 years, 3 months ago

High Court Dismisses Plea Requiring BCCI To Hold Fresh Elections To J&K Cricket Association, Amend Its Constitution

Live Law  

The Jammu and Kashmir and Ladakh High Court on Thursday dismissed a plea requiring BCCI to initiate the process of amendment of constitution of J&K Cricket Association and to hold fresh elections of the body.It was alleged that the present office bearers of JKCA are guilty of disobedience of a judicial order directing removal of 3 office bearers over conflict …

Supreme Court Weekly Round-Up: October 10 To October 16, 2022
2 years, 5 months ago

Supreme Court Weekly Round-Up: October 10 To October 16, 2022

Live Law  

JUDGMENT THIS WEEK Writ Of Quo Warranto Can Be Issued Where An Appointment Has Not Been Made In Accordance With Law : Supreme Court The Supreme Court observed that a writ of quo warranto can be issued where an appointment has not been made in accordance with the law. Supreme Court Seeks Information From High Courts In a PIL seeking …

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court
2 years, 6 months ago

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing an appeal against acquittal in a caste-based crime, reiterated that the Appellate Court has a limited scope of interfering with acquittal appeals since prejudice lies in favour of the Accused. Further, the Appellate Court can only interfere with the order of the Trial Court provided the order was manifestly unjust, perverse or contrary to …

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court
2 years, 6 months ago

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that if the first appeal is dismissed by the first appellate authority solely upon rejection of the application for condonation of delay in filing the same, the jurisdiction of the second appellate authority would be confined to determining if the delay in filing the appeal before the first appellate authority should …

Merely Because Some Benefit Accrued To Litigant Due To Interim Order, They Cannot Claim Such Benefits When Litigation Ends Against Them: Gujarat HC
2 years, 7 months ago

Merely Because Some Benefit Accrued To Litigant Due To Interim Order, They Cannot Claim Such Benefits When Litigation Ends Against Them: Gujarat HC

Live Law  

A recent order of the Gujarat High Court has clarified that merely because of some benefit has accrued to the litigant because of operation of interim orders, the litigant cannot claim such benefits when the litigation finally ends against them. Considering this well-settled principle of law, Justice Biren Vaishnav declined to entertain a second appeal challenging the order of the …

Judges Can't Overstep Defined Jurisdiction & Expose Administration Of Justice To Individualistic Whims & Fancies: J&K&L High Court
2 years, 7 months ago

Judges Can't Overstep Defined Jurisdiction & Expose Administration Of Justice To Individualistic Whims & Fancies: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday ruled that Section 107 and 108 read with Order 43 Rule 2 CPC does not empower an appellate court to mutate the very script of the suit before the trial court and create a new fact situation alien to the original lis and proceed on to carry forward its own …

Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains
2 years, 8 months ago

Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains

Live Law  

In a judgment dismissing a criminal appeal, the Supreme Court explained the scope of criminal appeals by special leave under Article 136 of the Constitution of India.The power under Article 136 is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice, the court said. Referring to …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 9 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts
2 years, 9 months ago

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts

Live Law  

The Karnataka High Court has suggested that the Central Government make necessary amendments to Section 372 of the Criminal Procedure Code, in order to provide an opportunity to victims to approach the Court in appeal seeking enhancement of sentence imposed on a convict. Instead, it allowed the revision petition filed by the accused and set aside the order of the …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court
2 years, 11 months ago

If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court

Live Law  

The Supreme Court observed that a reference to Full Bench of Central Administrative Tribunal is not required if there in a case of difference of opinion between the Judicial Member and the Administrative Member of the Tribunal.In such a situation, the matter is required to be referred to the third Member/Chairman who has to give his own decision upon such …

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court
3 years ago

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court

Live Law  

The Supreme Court observed that the plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was denied by the trial court and he had not challenged the same by way of appeal.The bench comprising Justices L. Nageswara Rao and B R Gavai observed that in a suit for partition, the position …

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court
3 years, 1 month ago

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

Live Law  

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years, 2 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal
3 years, 3 months ago

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal

Live Law  

While observing that the High Court has not exercised its discretion judiciously, the Supreme Court of India 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 satisfactory explanation has been given.A Bench comprising Justice MR Shah and Justice BV Nagarathna issued the direction …

Sec 120B IPC - Not Safe To Convict A Person For Criminal Conspiracy In Absence Of Evidence Showing Meeting Of Minds : Supreme Court
3 years, 3 months ago

Sec 120B IPC - Not Safe To Convict A Person For Criminal Conspiracy In Absence Of Evidence Showing Meeting Of Minds : Supreme Court

Live Law  

The Supreme Court has observed that in absence of any evidence to show meeting of minds between the conspirators for the intended object of committing an illegal act, it is not safe to hold a person guilty for offences under Section 120-B of IPC.The bench of Justices R Subhash Reddy and Hrishikesh Roy was considering a criminal appeal against the …

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]
3 years, 4 months ago

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]

Live Law  

Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of DesignationThe Supreme Court has observed that the principle of equal pay for equal work cannot be applied merely on basis of designation. "We find that reinstatement cannot be automatic, and the transgression of Section 25F being established, suitable compensation would be the appropriate remedy", the bench …

Discover Related