Substantial Question Of Law & Second Appeal Jurisdiction: SC Summarizes Principles Relating To Section 100 CPC [Read Judgment]
4 years, 6 months ago

Substantial Question Of Law & Second Appeal Jurisdiction: SC Summarizes Principles Relating To Section 100 CPC [Read Judgment]

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High Court cannot also allow a second appeal, without discussing the question of law, the Supreme Court observed in a judgment delivered on Thursday.In this case, plaintiff filed a suit seeking declaration of title to the suit property and recovery of possession of the suit property from the Defendant. High Court cannot also allow a second appeal, without discussing the question of law, the Supreme Court observed in a judgment delivered on Thursday. Taking note of the 'substantial questions of law' framed in this case, the bench comprising Justices Navin Sinha and Indira Banerjee observed: "With the greatest of respect to the High Court, neither of the two questions framed by the High Court is a question of law, far less a substantial question of law. Allowing the appeal, the bench observed: "Just as this Court has time and again deprecated the practice of dismissing a second appeal with a non-speaking order only recording that the case did not involve any substantial question of law, the High Court cannot also allow a second appeal, without discussing the question of law, which the High Court has done."

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History of this topic

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court
2 months, 2 weeks ago

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court

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While dealing with dismissal of a suit, seeking cancellation of a sale deed, on the ground of limitation, the Supreme Court recently reiterated that the period of limitation in such cases begins from the date when knowledge of fraud is acquired, and not the date of registration. "While the High Court came to the correct conclusion that under Article 59 …

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, 3 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

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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 …

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
8 months ago

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

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The Bombay High Court has held that under Section 9-A CPC Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part. The petitioners/plaintiffs challenged the order of the Trial Court in allowing the application of respondents/defendants to frame a preliminary issue of limitation under Section 9-A CPC in the …

[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

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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 …

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court
1 year, 8 months ago

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

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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 …

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court
3 years, 4 months ago

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court

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The Supreme Court observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the High Court under Section 37 of the Arbitration and Conciliation Act arising from the disposal of a petition challenging an arbitral award.In this case, the arbitrator rejected the claims made by a party. …

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court
3 years, 5 months ago

First Appellate Court Should Deal With All Issues And Evidence And Follow Procedure Under CPC: Supreme Court

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The Supreme Court observed that it is the duty of the First Appellate Court to deal with all the issues and the evidence led by the parties before recording its findings.First appeals are to be decided after following the procedure to be followed under the Code of Civil Procedure, the bench of Justices MR Shah and AS Bopanna observed. Perusing …

Requirement To Frame Substantial Question Of Law In Second Appeal Not A Mere Formality, But Meant To Be Adhered To: Supreme Court
3 years, 6 months ago

Requirement To Frame Substantial Question Of Law In Second Appeal Not A Mere Formality, But Meant To Be Adhered To: Supreme Court

Live Law  

The Supreme Court observed that the requirement to frame substantial question of law in a second appeal is not a mere formality, but is meant to be adhered to.The limitation on the exercise of power by the High Court in the Second Appeal interfering with the judgment of the First Appellate Court is premised on high public policy, the bench …

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court
3 years, 6 months ago

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court

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The Supreme Court observed that High Courts are empowered to exercise limited factual review under Section 103 of the Code of Civil Procedure.The bench of Justices L. Nageswara Rao and S. Ravindra Bhat observed that the rule that sans a substantial question of law, the High Courts cannot interfere with findings of the lower Court or concurrent findings of fact, …

Second Appeal- Question Of Law Doesn't Arise In Abstract; Mere Reference To Facts Does Not Amount To Reappreciation Of Evidence: Supreme Court
3 years, 6 months ago

Second Appeal- Question Of Law Doesn't Arise In Abstract; Mere Reference To Facts Does Not Amount To Reappreciation Of Evidence: Supreme Court

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The Supreme Court observed that merely because the High Court, while considering a second appeal, refers to certain factual aspects in the case to raise and conclude on the question of law, the same does not mean that the factual aspect and evidence has been re-appreciated.Question of law for consideration will not arise in abstract but in all cases will …

Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court
3 years, 7 months ago

Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court

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A second appeal, after its admission with formulation of substantial question of law, cannot be disposed of summarily, the Supreme Court observed in an order passed last week.The bench of Justices Vineet Saran and Dinesh Maheshwari observed that once a second appeal is admitted, on the High Court being satisfied that a substantial question of law is involved in the …

Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court
3 years, 11 months ago

Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court

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The Supreme Court reiterated that, the judgment of the First Appellate Court should not be interfered with by the High Court in exercise of its jurisdiction under Section 100 of the Code of Civil Procedure, unless there is a substantial question of law.The First Appellate Court is the final Court on facts. The Supreme Court reiterated that, the judgment of …

High Court Not Required To Frame Substantial Question Of Law While Dismissing Second Appeal: Supreme Court
4 years, 4 months ago

High Court Not Required To Frame Substantial Question Of Law While Dismissing Second Appeal: Supreme Court

Live Law  

The Supreme Court has observed that a High Court is not required to frame substantial question of law while dismissing a second appeal.The formulation of substantial question of law or reformulation of the same arises only if there are some questions of law and not in the absence of any substantial question of law, the bench comprising Justices L. Nageswara …

[Section 260A Income Tax Act] HC Can Only Answer Substantial Question Framed By It: SC [Read Judgment]
4 years, 8 months ago

[Section 260A Income Tax Act] HC Can Only Answer Substantial Question Framed By It: SC [Read Judgment]

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The Supreme Court has observed that, a High Court, while considering an appeal filed under Section 260-A of Income Tax Act, can only answer the substantial question of law framed by it. However, the High Court in its judgment framed a different substantial question of law and answered in favour of revenue. Before the Apex court, the assessee raise a …

HC Cannot Allow Second Appeal Without Formulating Substantial Question Of Law, Reiterates SC [Read Order]
4 years, 8 months ago

HC Cannot Allow Second Appeal Without Formulating Substantial Question Of Law, Reiterates SC [Read Order]

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The Supreme Court has reiterated that a High Court cannot allow Second Appeal without having formulated a substantial question of law.A mere mention about the question having been formulated in the memorandum of appeal is not enough, said the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna while setting aside a Kerala High Court judgment.While considering an. The …

Section 9A CPC (Maharashtra)- Question Of Limitation Cannot Be Decided As A Preliminary Issue: SC [Read Judgment]
5 years, 5 months ago

Section 9A CPC (Maharashtra)- Question Of Limitation Cannot Be Decided As A Preliminary Issue: SC [Read Judgment]

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The Supreme Court has observed that, under Section 9A of the Code of Civil Procedure applicable in the state of Maharashtra, question of limitation cannot be decided as a preliminary issue. Holding that the view taken in Kamalakar Eknath Salunkhe vs. Baburav Vishnu Javalkar 7 SCC 321, is per incuriam, it was further held that the Section 9A is mandatory …

Order Admitting Second Appeal Should Specifically State Substantial Questions Of Law: SC [Read Order]
5 years, 6 months ago

Order Admitting Second Appeal Should Specifically State Substantial Questions Of Law: SC [Read Order]

Live Law  

The Supreme Court has observed that the order of the High Court admitting a second appeal should specifically state what are the substantial questions of law on which the appeal is admitted.The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose set aside a High Court order on the ground that during hearing of the second appeal finally questions of …

Second Appeal Not To Be Dismissed Merely On The Ground Of 'Concurrent Findings': SC [Read Judgment]
5 years, 7 months ago

Second Appeal Not To Be Dismissed Merely On The Ground Of 'Concurrent Findings': SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a second appeal merely on the ground that that there is a concurrent finding of two Courts, and thus such finding becomes unassailable.In this case, the High Court dismissed a second appeal filed by the state on the ground that that since two. The Supreme Court has observed that …

SC Again Reminds High Courts About Limitations While Considering Second Appeals [Read Judgment]
6 years ago

SC Again Reminds High Courts About Limitations While Considering Second Appeals [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Wednesday, again reminded the High Courts about their limitations while considering a second appeal under Section 100 of the Code of Civil Procedure. While setting aside a Punjab and Haryana High Court order in a second appeal, the bench comprising Justice L. Nageswara Rao and Justice MR Shah said: "Despite the catena …

Civil Court Has No Jurisdiction When There Is A Dispute As To Whether Suit Property Is Wakf Or Not: SC [Read Judgment]
6 years, 1 month ago

Civil Court Has No Jurisdiction When There Is A Dispute As To Whether Suit Property Is Wakf Or Not: SC [Read Judgment]

Live Law  

The Supreme Court has observed that when issue in the suit is as to whether suit property is Wakf property or not, it is required to be decided by the Tribunal and the Civil Court would have no jurisdiction. When issue in the suit is as to whether suit property is Wakf property or not it is covered by specific …

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]
7 years, 11 months ago

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]

Live Law  

Setting aside a high court judgment, which suo moto applied a provision of law while deciding a second appeal, the Supreme Court has reiterated that the high court has no jurisdiction to decide on a second appeal on a question which is not framed as required under Section 100 of the Code of Civil Procedure.In the instant case, the high …

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]
7 years, 11 months ago

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]

Live Law  

Setting aside a high court judgment, which suo moto applied a provision of law while deciding a second appeal, the Supreme Court has reiterated that the high court has no jurisdiction to decide on a second appeal on a question which is not framed as required under Section 100 of the Code of Civil Procedure.In the instant case, the high …

Interpretation Of Documents And Examination Of Its Effect, Involves Questions Of Law: SC [Read Judgment]
8 years, 1 month ago

Interpretation Of Documents And Examination Of Its Effect, Involves Questions Of Law: SC [Read Judgment]

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The Supreme Court in Sk. Bhikan vs. Mehamoodabee, has observed that when a High Court is called upon to interpret the documents and examine its effect, it involves questions of law and it is obligatory upon the High Court to decide such questions on merits.The Bench comprising Justice Abhay Manohar Sapre and Justice R.K. Agrawal remanded a Second appeal to …

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]
9 years, 4 months ago

High Court cannot reverse a Judgment without formulating a substantial 'Question of Law' in a Second Appeal; SC [Read Judgment]

Live Law  

A two Judge Bench of Supreme Court held that in no circumstances the High Court can reverse the judgment of the trial court and the first appellate court without formulating the substantial question of law and complying with the mandatory requirements of Section 100 CPC.The Bench was examining the question ‘whether the High Court was justified in passing the. A …

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