AI Overview...
- Second Appeal - Concurrent Findings of Fact
Main points and insights:
Multiple sources emphasize that in second appeals under Section 100 of the Civil Procedure Code, courts generally refrain from disturbing concurrent findings of fact by lower courts unless there is a substantial question of law involved. For instance, the Tenancy Act case (01701959295) states that no substance was found in the second appeal, which involved no legal or usage questions. Similarly, the Civil Procedure Code references (04200003534, 00100021736, 02300059193, 02000017131, 02700027784, 01701978003, 02200011999, 00300037831) reinforce that interference in concurrent findings is not permissible unless a substantial question of law or perversity is established.
Analysis and Conclusion:
The overarching principle across these sources is that second appeals are primarily limited to questions of law. The courts do not re-assess factual findings unless there is a clear legal error or perversity, ensuring respect for the trial and appellate courts' factual determinations. This maintains judicial efficiency and respects the factual assessment of lower courts.
References: Kajja VS Rampal - Rajasthan, Haribhau s/o Rajaramji Rewasekar VS Swami Narayan Mandir - Current Civil Cases, Maniar Ismail Sab VS Maniar Fakruddin - Supreme Court, Sukha Singh VS Yashpal Singh - Punjab and Haryana, SOHANVEER VS CHAMAN LAL KAPOOR - Allahabad, Durga Devi VS Bhagirathmal Agarwalla - Jharkhand, Swantra Kumar VS Ramprasad (d) through LRs. Gita Bai - Madhya Pradesh, Abdul Gani VS Saduram - Rajasthan, Duryodhan Das (dead) after him Janaki Das VS Prafulla Kumar Das - Orissa, Sujatha VS Radhabai - Karnataka
Search Results for "Second Appeal Concurrent Finding"
1958 0 Supreme(Raj) 124 • India - Rajasthan
KISHEN PURI, SHYAMLAL
Tenancy Act, Sec. 224—Second appeal—Concurrent finding of courts below— Second appeal on question of fact—Special circumstances of ... There is thus no substance in this second appeal which is hereby rejected. ... ... In other words, no question of law or usage having the force of law has been alleged to be involved in this second appeal before us. ... This second appeal has bee....
• India - Current Civil Cases
A.P.BHANGALE
Civil Procedure Code, 1908, Section 100—Civil suit for eviction—Decreed—Appeal against—Also dismissed—Regular second appeal—Concurrent ... finding of facts—No perversity found in the finding of facts—Interference—Not warranted. ... Concurrent findings in this regard as to maintainability of the suit cannot be disturbed in second appeal even assuming that they are erroneous. The substantial question of law no. ... T....
1989 0 Supreme(SC) 269 • India - Supreme Court
M. H. KANIA, R. S. PATHAK
CONCURRENT FINDING OF FACT—INTERFERENCE IN SECOND APPEAL - CONCURRENT FINDING OF FACT—INTERFERENCE BY HIGH COURT NOT PERMISSIBLE ... This the High Court was not competent to do in a second appeal. ... 1509 = (1989) 2 SCC 685, the High Court appraised the evidence on record and interfered with the findings ... The High Court had before it a second appeal under S. 100 of the Code of Civil Procedure....
2016 0 Supreme(P&H) 423 • India - Punjab and Haryana
DARSHAN SINGH
Civil Procedure Code, 1908, S.100--Second Appeal--Concurrent finding of facts can be interfered when ... ... considered would have led to an opposite conclusion ... (ii) where a finding ... This is the Regular Second Appeal against the concurrent findings of facts recorded by both the learned Courts below. ... In the second appeal the High Court can only interfere if the substantial question of l....
2016 0 Supreme(All) 1660 • India - Allahabad
PRAMOD KUMAR SRIVASTAVA
Second Appeal—Concurrent finding of fact—Eviction—Licence of licensee cancelled—Status of appellant found to be tresspasser—View ... [Paras 15 to 17] ... Result; Appeal Dismissed. ... on proper appreciation of entire evidence on record—No substantial question of law involved—No perversity or infirmity found in concurrent ... Against the judgment of Civil Appeal No. 270/2013 the Second Appeal No. 1031/2015 was filed, against the judg....
2014 0 Supreme(Jhk) 857 • India - Jharkhand
D.N.UPADHYAY
appeal concurrent finding of courts below – No substantial question of law arising in this second appeal – Not maintainable. ... cannot be decided in second appeal. ... court is not a third trial court – There must be substantial question of law involved in second appeal – Disputed question of facts ... Kaki & Others, 2006 AIR SCW 2404 and submitted that by presenting second appeal against #HL_STA....
2014 0 Supreme(MP) 655 • India - Madhya Pradesh
SANJAY YADAV
Civil P.C., 1908 -- S.100 -- second appeal -- concurrent finding of fact regarding title and ownership of property in favour of defendant ... There being a concurrent finding of fact as to the title and ownership of the property found to be in favour of defendant, no substantial question of law arises in absence of cogent material evidence to belie the concurrent finding of fact. ... This is plaintiff’s second appeal#HL_EN....
1977 0 Supreme(Raj) 126 • India - Rajasthan
JAIN
(b) Civil Procedure Code—Sec. 100—Second appeal—Concurrent finding of fact by two courts in a case of continuing breach, the plaintiff ... No interference in second appeal. ... ... I, therefore, dismiss this appeal with costs. ... ... On appeal the learned Senior Civil Judge, Jodhpur, by his judgment dated 18th February, 1967 dismissed the appeal. It is against this decision that the present appeal has been file....
2007 0 Supreme(Ori) 713 • India - Orissa
A.K.PARICHHA
trial Court was set aside - Second appeal - Concurrent finding of Courts below on factual issue is not to be disturbed by the second ... by Defendants 3 and 4 was allowed by first appellate Court - Second appeal - On remand, appeal allowed and judgment and decree of ... CIVIL PROCEDURE CODE, 1908 - Sec. 100 - Prayer for decree of injunction in a title appeal - Trial Court decreed the suit - Appeal ... Law is settle....
2013 0 Supreme(Kar) 1385 • India - Karnataka
S.N.SATYANARAYANA
Satyanarayana, J] Second Appeal - Concurrent finding - Agreement of sale - Possession delivered to agreement holder - No time limit ... Second Appeals dismissed. ... Court dismissed the suit for injunction and decreed the suit for specific performance - Confirmed by Lower Appellate Court - Held, Finding ... As against concurrent findings in both suits, the present Regular Second Appeals are filed....
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