It may not be out of place to mention that under the provisions of the Act an application under section 12 are in the nature of summary proceedings which are to be decided within sixty days.
Civil Appeal
In other words, second appeal is not a forum where court has to re-examine or re-appreciate questions of fact settled by the Trial Court and the Appellate Court.
the law on disclosure of documents is very clear, and of universal application. The test is whether or not an order for discovery is “necessary for fairly disposing of the proceedings”. Relevance is a factor, but is not, of...
It is a common practice in the Dacca High Court, based on the practice of the Calcutta High Court while section 205 of the Government of India Act 1935, was in force, for a single Judge or a Division...
1950 Amendment to Public Law 38 Aug. 5, 1950, ch. 592,64 Stat. 414 1951 Amendments to the Universal Military Training and Service Act June 19, 1951, ch. 144, title I,65 Stat. 75 Short title, see 50 U.S.C. 3801 1955...
The appellate Court has jurisdiction to reverse or affirm the findings of the trial Court. The first appeal is a valuable right of the parties and unless restricted by law, the whole case therein is open for re-hearing both...
(1) Whether the trial court can pass a decree for declaration that the judgment and decree passed in Title Suit No. 138 of 1998 is null and void having passed against some of the co-sharers, who admittedly died prior to the preliminary decree?...
Substantial question of law While entertaining the second appeal it is to be kept in mind that the first appellate Court is the final Court of fact findings and pure findings of fact remain immune from challenge before the...
In common law cases the appellate court could ordinarily review only rulings of law. In equity cases, on the other hand, the appellate court could review findings of fact as well as conclusions of law. The significant thing about common law pleadings...
The word ‘appeal’ is not defined even in the CPC and in ordinary parlance would mean “call to higher tribunal for deliverance from decisions of the lower”. In Chappan v. Moidin Kutti 1899 22 Mad 68[(1899) ILR 22 Mad...
SECTION 104 to 106: ORDERS FROM WHICH APPEAL LIES (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in...
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