AI Overview...
- Points Urged During Second Appeal - Only substantial questions of law can be urged; questions of law that are not substantial or are purely factual are generally not permissible. The courts emphasize that legal points must be significant and properly pleaded, and cannot be raised for the first time at the second appeal stage unless they involve substantial questions of law. For example, in Kshitish Chandra Purkait VS Santosh Kumar Purkait - Supreme Court, it is clarified that not every question of law can be raised; only substantial questions are permissible during second appeal. Similarly, USHA RAMCHANDRA KULKARNI VS SHANTARAM KASHIRAM GOTRI - Gujarat states that questions of law like the validity of notices can be raised even at the second appeal stage, provided they are pure questions of law.
- Legal Principles on Raising Points - The courts have consistently held that only legal points that are substantial and have been properly pleaded or arise from a question of law can be urged. Non-pleaded issues or factual disputes cannot be raised at this stage, as seen in Md. Osman Amjad Khan VS K. Ganga Reddy - Andhra Pradesh and N. Parameshwari VS D. Subramanian - Madras, where the courts dismissed second appeals due to lack of substantial questions of law or because the points had already been answered by lower courts.
- Limitations on Review and Re-argument - Review jurisdiction is limited and cannot be used to re-argue points not previously urged; it is not an appeal. As per SURJIT SINGH ARORA vs SLUM REHABILITATION AUTHORITY - Bombay, repetition of old arguments and raising unargued points are insufficient grounds for review.
- Exceptions and Clarifications - Certain legal points, especially pure questions of law, can be raised at any stage, including the second appeal, if they are fundamental and involve no factual controversy (USHA RAMCHANDRA KULKARNI VS SHANTARAM KASHIRAM GOTRI - Gujarat, F. Mcdonald VS Mahammadin Azad - Calcutta).
- Conclusion - During second appeal, only substantial questions of law that have been properly pleaded and are relevant to the case can be urged. Factual issues, non-pleaded points, or arguments already considered below are generally barred from being raised at this stage, ensuring that second appeals focus on legal questions of significance (Kshitish Chandra Purkait VS Santosh Kumar Purkait - Supreme Court, Md. Osman Amjad Khan VS K. Ganga Reddy - Andhra Pradesh, Ammini @ Chinnammal VS Chenniappan - Madras).
References: - Md. Osman Amjad Khan VS K. Ganga Reddy - Andhra Pradesh
- VORA IBRAHIM AKBARALI VS STATE - Gujarat
- N. Parameshwari VS D. Subramanian - Madras
- Ammini @ Chinnammal VS Chenniappan - Madras
- F. Mcdonald VS Mahammadin Azad - Calcutta
- SUNIL PURI VS MODI SPINNING AND WEAVING MILLS COMPANY LIMITED - Delhi
- USHA RAMCHANDRA KULKARNI VS SHANTARAM KASHIRAM GOTRI - Gujarat
- Kshitish Chandra Purkait VS Santosh Kumar Purkait - Supreme Court
- Chanan Singh VS Surjit Singh - Punjab and Haryana
- SURJIT SINGH ARORA vs SLUM REHABILITATION AUTHORITY - Bombay
Search Results for "Law Points can be Urged during Second Appeal Stage"
2004 0 Supreme(AP) 6 • India - Andhra Pradesh
P.S.NARAYANA
stage – Since no other points have been urged, court do not see any reason to interfere with the concurrent factual findings recorded ... Land Grabbing Prohibition Act, 1982 – Recovery of Possession – The second appeal is preferred by the second defendant in the suit ... by both the Courts below – Accordingly, the said findings are hereby confirmed – Second Appeal Dismissed ... would be prejudiced by permitting such a ground to be urged#HL....
1967 0 Supreme(Guj) 86 • India - Gujarat
V.R.SHAH, A.R.BAKSHI
Vora Ibrahim Akbarali was respondent in Second Appeal in High Court and was original plaintiff in Civil Suit in Court of Joint Civil ... Section 30 – Specific Relief Act – Section 27a – Mortgage deed – Immovable property – Injunction – Appellant in this Letters Patent Appeal ... so as to enable him to avoid effect of want of registration of document on basis of which he had brought present suit – Patent Appeal ... ... ( 7 ) THE main points of law which were urged bef....
2017 0 Supreme(Mad) 831 • India - Madras
M.SATHYANARAYANAN
arise for consideration in the Second Appeal and whatever points urged by the appellants/defendants have been answered by the Courts ... below - Second Appeal is dismissed ... or encumbering the property – Held, Lower Appellate Court reversed the said findings rendered by the Trial Court and allowed the appeal ... There are no substantial questions of law arise for consideration in the Second Appeal and whatever #....
2017 0 Supreme(Mad) 357 • India - Madras
M.SATHYANARAYANAN
Final Decision: The Second Appeal was dismissed, confirming the judgment and decree of the Lower Appellate Court. ... The points urged by the learned counsel for the appellant/plaintiff on questions of law have been considered and answered by the Courts below and there are no substantial questions of law arise for consideration in the Second Appeal. ... JUDGMENT : ... The plaintiff in OS.No.169/2010 filed for partition and for permanent injunction,....
1946 0 Supreme(Cal) 201 • India - Calcutta
Final Decision: The appeal was allowed, the judgment and decree appealed from were set aside, and the case was remanded to ... De urged two points. He contended in the first place that the learned Judge was wrong in law in discarding altogether the C. S. ... Both Courts remarked on the fact that the revenue survey maps had not been relayed and the appellate Court observed that the plaintiff did not avail herself of an opportunity offered to her even at the appellate stage. In support of the present #HL....
1995 0 Supreme(Del) 138 • India - Delhi
ARUN KUMAR
Therefore, the present second appeal was filed by the owners/landlords. ... The appeal was allowed by the learned Single Judge of this Court on 10/03/1993. ... Whether the second point on which review is sought is based on the following lines occurring at the end of para 17 of the judgment ... Therefore, thepresent second appeal was filed by the owners/landlords. The appeal Was allowedby the learned Single Judge of this Court on 10/03/1993. The respo....
1981 0 Supreme(Guj) 64 • India - Gujarat
N.H.BHATT
like the validity of a notice can be raised for the first time even in the second appeal - All that has been pointed out for the ... point to be raised - A question of law pure and simple can be raised even at any stage including the stage of hearing of a special ... appeal under the Civil Procedure Code and the Supreme Court has well laid down as a proposition of law that a pure question of law ... A revision under sec. 29 (2) of t....
1997 5 Supreme 22 • India - Supreme Court
A.S.ANAND, K.S.PARIPOORNAN, S.P.BHARUCHA
It is not any legal plea that could be raised at the stage of second appeal. It should be a substantial question of law. ... The High Court failed to bear in mind that it is not every question of law that could be permitted to be raised in second appeal. ... question of law involved even at initial stage-Suit for declaration and recovery of possession-Decreed by Courts below-In second ... question of law#....
2008 0 Supreme(P&H) 2066 • India - Punjab and Haryana
RAJIVE BHALLA
time during argument in second appeal. ... (A) Civil Procedure--Second Appeal--Mixed question of facts and law--Both parties admit voluntary execution of family settlement- ... must be pleaded and based upon specific and material evidence--Question of non-registration of settlement cannot be urged for first ... Whether a point that has not been pleaded or raised before the Courts below and does not find mention in the grounds of appeal can be #HL_STA....
2024 Supreme(Online)(Bom) 725 • India - High Court of Bombay
MILIND N. JADHAV, J
10, 12, 15) ... ... (B) Review Jurisdiction - Scope and limitations - Review is not an appeal ... ; cannot revisit points not argued previously - Repetition of old arguments insufficient for review - Grounds for maintainability ... ... ... Findings of Court: ... The Review Petition was dismissed, emphasizing that the Petitioner could not raise unargued points ... Daphtary, learned counsel for the petitioners, has argued at length all the points which were urged at the earlier stage#HL_END....
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