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HIGH COURT OF UTTARAKHAND AT NAINITAL
SHARAD KUMAR SHARMA
Prem Chandra Singhal – Appellant
Versus
State Of Uttarakhand – Respondent
| Table of Content |
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| 1. second appellate court cannot travel beyond lower courts' pleadings and findings. (Para 1) |
| 2. plaintiff claims title via 1977 sale deed, sues for construction removal. (Para 2 , 3 , 4) |
| 3. defendants claim state land under u.p. road side land control act. (Para 5 , 6) |
| 4. road act restricts construction, does not confer state ownership. (Para 7 , 8) |
| 5. lower courts decided without framing issues on road act. (Para 9 , 10) |
| 6. remanded for road act consideration with pleadings, issues, evidence. (Para 11 , 12 , 13) |
| 7. post-remand appellate court ignored directions on road act. (Para 14 , 15) |
| 8. no issue framing makes judgment perverse, violates section 100 cpc. (Para 16 , 17 , 18) |
| 9. appeal allowed; remanded to frame points and decide afresh. (Para 19 , 20) |
JUDGMENT :
Sharad Kumar Sharma, J.
There are certain circumstances, under which, the Court at times is also cornered from taking any particular specific view while adjudicating a lis between the parties and that difficulty is, particularly, faced by the Courts, while exercising its superior power of Appeal, as vested in it under Section 100 of the C.P.C., particularly, when the issue, which otherwise ought to have been a sub
Second Appellate Court cannot decide unframed issues on land control act applicability despite pleadings; failure to frame points post-remand renders judgment perverse, requiring fresh remand to firs....
The Second Appellate Court cannot substitute findings of the lower courts without properly framed issues, emphasizing the need for procedural adherence in legal determinations.
Second Appellate Courts cannot substitute findings or decide based on unframed issues; procedural adherence is crucial for judicial fairness.
The plaintiff's entitlement to compensation under the Land Acquisition Act was established, and the plea of limitation and acquiescence raised by the defendants was rejected by the court.
The First Appellate Court must comply with procedural requirements and evaluate evidence from both parties; failure to do so renders its findings perverse.
The court affirmed the Plaintiffs' easementary rights based on historical use and legal documentation, emphasizing the significance of such rights in property law.
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.
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