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VIKRAM NATH, K. V. VISWANATHAN
Mahender Pal Chabra – Appellant
Versus
Subhash Aggrawal – Respondent
| Table of Content |
|---|
| 1. final directions and expeditious decision requested (Para 1 , 2 , 13 , 14 , 15) |
| 2. failure to consider evidence in first appeal (Para 3 , 4 , 5) |
| 3. improper dismissal of appeal by high court (Para 6 , 8) |
| 4. requirements for dismissals under order xli rule 11 (Para 7 , 9 , 11) |
| 5. appellate court's obligation for reasoned judgment (Para 10) |
| 6. direct confirmation of trial court's judgment (Para 12) |
ORDER :
2. This appeal deserves to be allowed on a short point that the Division Bench of the High Court, while deciding the First Appeal, has failed to take into consideration the parameters applicable for deciding a First Appeal under Section 96 of the Code of Civil Procedure, 19081[In short, “CPC”].
4. Briefly stated there was an agreement to sell to purchase a piece of land and building at Ashok Vihar for a total sale consideration of Rs.6 Crores 11 lakhs out of which initially an amount of Rs.60 lakhs was paid and thereafter it was alleged that Rs.30 lakhs were paid in cash later on. Thus, total amount of Rs.90 lakhs has been paid as alleged by the plaintiff and the balance consideration of Rs.5 Crores 21 lakhs was to be paid at the time of execution of sale deed and its
The appellate court must provide a reasoned judgment when dismissing a first appeal, ensuring all issues are adequately addressed to uphold the parties' rights.
(1) Sitting as a Court of First Appeal, it is duty of Appellate Court to deal with all issues and evidence led by parties before recording its findings.(2) For the purpose of passing decree for speci....
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C. and the Bombay Civil Manual by the First Appellate Court while deciding the appeal.
Mandatory compliance with Order 41 Rule 31 of the Civil Procedure Code for the First Appellate Court to independently assess evidence, frame points for consideration, and decide the appeal in accorda....
The First Appellate Court must comply with the provisions of Order 41 Rule 31 of the C.P.C, independently assess the evidence, and give reasons for its decision on each point independently.
The main legal point established in the judgment is the mandatory compliance of Order 41 Rule 31 of C.P.C. by the First Appellate Court, emphasizing the need for independent assessment of evidence, f....
The duty of the first appellate court to consider and decide the application under Order 41 Rule 27 CPC on merits before or at the time of deciding the first appeal finally, and the appellate court's....
The main legal point established in the judgment is the mandatory requirement for the First Appellate Court to comply with the provisions of Order 41 Rule 31 of the Civil Procedure Code, including in....
The First Appellate Court is obligated to comply with the provisions of Order 41 Rule 31 of C.P.C. and independently assess the evidence and consider the relevant points for adjudication.
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