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VINOD CHATTERJI KOUL
Gh. Mohammad Mir – Appellant
Versus
Mohd. Akbar Thoker – Respondent
JUDGMENT :
1. This is a Civil Second Appeal against judgement dated 11th December 2012, passed by Principal District Judge, Anantnag (for brevity "1st Appellate Court") in an Appeal titled Ghulam Mohammad Mir v. Mohammad Akbar Thoker as also judgement and decree dated 17 September 2012, passed by Sub Judge, Anantnag (for short "Trial Court") and for setting aside the same.
2. It is the case of appellant that respondent is a resourceful person having huge property in Anantnag, including a building having five shops in its ground floor at Achabal Adda, Anantnag. The said building is said to have been constructed by respondent after forcible demolition of old building in 1998, depriving tenants, including appellant from tenanted premises. It is stated that unlawful demolition of old tenanted premises was carried out during intervening night of 11th/12th July 1998 and that in this regard FIR no. 168/1998 at police station Anantnag was registered. Contention of appellant is that in order to escape from prosecution which might have led to conviction of appellant and his brothers, he arranged negotiations and settled their dispute through the offices of Byopar Mandal and its Chairman and th
The main legal point established in the judgment is the requirement for a substantial question of law as a condition precedent for entertaining and deciding a Second Appeal.
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
The appellate Court's evaluation of evidence and finding no error in the trial Court's decision led to the dismissal of the appeal.
A second appeal under the Code of Civil Procedure is restricted to substantial questions of law. Appellate courts cannot reappreciate evidence or substitute factual findings unless the lower court's ....
Concurrent findings of fact by lower courts should not be disturbed in a second appeal unless a substantial question of law arises, which was not applicable in this case.
The main legal point established in the judgment is the requirement for a substantial question of law to be involved in a Second Appeal under Section 100 of the Civil Procedure Code, emphasizing the ....
The right to withdraw a suit at the appellate stage is not absolute; it depends on the crystallized rights established by the court's earlier judgments.
(1) A party is not entitled to produce additional evidence unless it shows that evidence could not be produced before Trial Court despite exercise of due diligence.(2) Plaintiff cannot be held entitl....
The main legal point established in the judgment is that an appeal under Section 100 of the CPC must involve substantial questions of law, and the court will not interfere with concurrent findings of....
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