Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Second Appeal

Tuesday, March 27, 2012
Second Appeal

Second Appeal — Whether a second appeal lies only on a substantial question of law and it is essential for the High Court to formulate a substantial question of law before interfering with the judgment and decree of the lower appellate court? — Held, yes — Civil Procedure Code, 1908, Section 100.

 
Wednesday, April 27, 2011
Second Appeal

Second Appeal — High Court in second appeal cannot interfere with the findings of fact of the first appellate court.

 
Tuesday, January 04, 2011
Second Appeal

Second Appeal — A second appeal cannot be decided merely on equitable grounds as it lies only on a substantial question of law, which is something distinct from a substantial question of fact — Civil Procedure Code, 1908, Section 100.  

 
Second Appeal

Second Appeal — The Court cannot entertain a second appeal unless a substantial question of law is involved, as the second appeal does not lie on the ground of erroneous findings of fact based on an appreciation of the relevant evidence — The existence of a substantial question of law is a condition precedent for entertaining the second appeal, on failure to do so, the judgment cannot be maintained — Civil Procedure Code, 1908, Section 100.

 
Second Appeal

Second Appeal — There is no prohibition on entertaining a second appeal even on a question of fact provided the Court is satisfied that the findings of fact recorded by the courts below stood vitiated by non-consideration of relevant evidence or by showing an erroneous approach to the matter i.e. that the findings of fact are found to be perverse — But the High Court cannot interfere with the concurrent findings of fact in a routine and casual manner by substituting its subjective satisfaction in place of that of the lower courts — Civil Procedure Code, 1908, Section 100.

 
Second Appeal

Second Appeal — A second appeal lies only on a substantial question of law and it is necessary to formulate a substantial question of law before the second appeal is decided — Civil Procedure Code, 1908, Section 100. 

 
Monday, January 25, 2010
Second Appeal

Second Appeal — An order admitting a second appeal is neither a final order nor an interlocutory/interim order — It does not amount to a judgment, decree, determination, sentence or even “order” in the traditional sense — It does not decide any issue but merely entertains an appeal for hearing.

 
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