SAURABH LAVANIA
Mirza Rashid Beg – Appellant
Versus
Board of Revenue, U. P. at Lucknow Thru. Secy. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard Sri Pradeep Kumar Tiwari, learned counsel for the petitioners, Sri Hemant Kumar Pandey, learned State counsel appearing for the respondent Nos. 1 to 3 & 13, Sri Mohan Singh, Advocate, who has received notice on behalf of respondent No. 12/Gaon Sabha concerned and Sri Pankaj Kumar Pandey, Advocate, appearing for the respondent No. 4, who has also filed his Valakatnama on behalf of respondent Nos. 5 to 11 in the Court today, which is taken on record.
2. By means of this petition, the petitioners have assailed the order dated 15.05.2023 passed by the respondent No. 1/Board of Revenue, U.P., at Lucknow in Second Appeal registered as Case No. SA/205/2022/Ayodhya, Computerized Case No. R2022042300205 (Mirza Khalid Beg and others vs. Mirza Shahid Beg) filed by the private respondents Nos. 4 to 11 under Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short "Act of 1950").
3. By order dated 15.05.2023, the second appeal has been allowed at the admission stage and the matter has been remanded back to the trial Court concerned for
Surat Sigh (dead) vs. Siri Bhagwan and others
U.P. Avas Evam Vikas Parishad v. Jainul Islam
State of Uttarakhand (previously State of Uttar Pradesh) v. Mohan Singh and others
State of M.P. v. M.V. Narasimhan
Sir Chunnilal V. Lal Mehta & Sons v. Century Spinning and Manufacturing Co. Ltd. AIR 1962 SC 1314
Santosh Hazari v. Purushottam Tiwari (2001) 3 SCC 179
Rimmalapudi Subba Rao v. Noony Veeraju
Ram Prasad Rajak v. Nand Kumar & Bros. (1998) 6 SCC 748
Panchugopal Barua v. Umesh Chandra Goswami
New Central Jute Mills Co. Ltd. v. CCE
Mahindra and Mahindra Ltd. v. Union of India
Kshitish Chandra Purkait v. Santosh Kumar Purkait (1997) 5 SCC 438
Hero Vinoth v. Seshammal (2006) 5 SCC 545
H.P. Pyarejan v. Dasappa (Dead) by LRs.
Guran Ditta v. Ram Ditta (1927-28) 55 IA 235 : AIR 1928 PC 172
Collector of Customs v. Nathella Sampathu Chetty
Bolani Ores Ltd. v. State of Orissa
Baru Ram v. Prasanni, Baru Ram v. Prasanni
Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (Dead)
The U.P. Zamindari Abolition and Land Reforms Act, 1950 restricts the right of appeal under Section 331 to the grounds specified in Section 100 CPC at the time of its incorporation, irrespective of s....
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 main legal point established in the judgment is that the statutory scope and purpose of Section 333 of the Act, 1950 is to be availed only in those situations where no appeal lies or where an app....
The main legal point established is that the delay in filing an appeal must be supported by sufficient cause, and the presence of a substantial question of law is essential for entertaining a second ....
Second appeals must address substantial questions of law; failure to demonstrate such questions results in dismissal. The need for procedural compliance in appellate procedures is essential for valid....
The main legal point established is that for claiming a right under Section 123(1) of the Act of 1950, the claimant must prove possession and the construction of their house prior to the Act, and pro....
The validity of the amendment to the original notification under the Estates Abolition Act, 1948 and its impact on the plaintiff's rights to the suit property.
The main legal point established in the judgment is the requirement for a substantial question of law to be involved in a second appeal, as well as the limitations of the High Court's jurisdiction in....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.