Second Appeal

Supreme Court Sets Aside High Court Order in Property Dispute: Ramdas Waydhan Gadlinge vs. Gyanchand Nanuram Kriplani (2021)

/ Civil Law, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLII, Code of Civil Procedure, 1908 with Section 100, Dinesh Maheshwari, Judges, Property Dispute, Second Appeal, Vineet Saran

Supreme Court Sets Aside High Court Order in Property Dispute: Ramdas Waydhan Gadlinge vs. Gyanchand Nanuram Kriplani (2021) LEGAL ISSUE: Whether the High Court erred in summarily dismissing a second appeal after admitting it on substantial questions of law. CASE TYPE: Civil Property Dispute Case Name: Ramdas Waydhan Gadlinge (Since Deceased) Thr Lrs. Vatsalabai Ramdas […]

Supreme Court Sets Aside High Court Order in Property Dispute: Ramdas Waydhan Gadlinge vs. Gyanchand Nanuram Kriplani (2021) Read Post »

Supreme Court orders fresh consideration of property dispute: Narayan Sitaramji Badwaik vs. Bisaram (2021) INSC 71

/ Aniruddha Bose, Appellate Procedure, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 100, Civil Procedure Code, 1908 with Section 103, Evidence Act, 1872, Evidence Act, 1872 with Section 91, Evidence Act, 1872 with Section 92, Judges, N.V. Ramana, Property Dispute, Property Law, Remand, Sale Deed, Second Appeal, Surya Kant

Supreme Court orders fresh consideration of property dispute: Narayan Sitaramji Badwaik vs. Bisaram (2021) INSC 71 LEGAL ISSUE: The proper procedure for a High Court to follow when dealing with a second appeal where the first appellate court has erred in its assessment of facts and law. CASE TYPE: Civil Case Name: Narayan Sitaramji Badwaik

Supreme Court orders fresh consideration of property dispute: Narayan Sitaramji Badwaik vs. Bisaram (2021) INSC 71 Read Post »

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019)

/ A.S. Bopanna, Code of Civil Procedure, Code of Civil Procedure with Section 100, Customary Divorce, Judges, Jurisdiction of Civil Courts, Land Ceiling, M.R. Shah, Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 with Section 46, Second Appeal

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019) LEGAL ISSUE: Whether a customary divorce was valid, and if so, whether land owned by the divorced wife should be included in the husband’s land holdings under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. CASE TYPE: Land Ceiling/Civil Case

Supreme Court Upholds Land Ceiling Act: Customary Divorce Not Proven in Dungaji Case (2019) Read Post »

Supreme Court clarifies the need for framing substantial questions of law in second appeals in Punjab: Kirodi vs. Ram Parkash (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Constitution of India, Constitution of India with Article 372, Indira Banerjee, Judges, Punjab Courts Act, 1918, Punjab Courts Act, 1918 with Section 41, Sanjay Kishan Kaul, Second Appeal

Supreme Court clarifies the need for framing substantial questions of law in second appeals in Punjab: Kirodi vs. Ram Parkash (2019) LEGAL ISSUE: Whether a second appeal in the state of Punjab requires the framing of a substantial question of law. CASE TYPE: Civil Case Name: Kirodi (Since Deceased) Through His Lr. vs Ram Parkash

Supreme Court clarifies the need for framing substantial questions of law in second appeals in Punjab: Kirodi vs. Ram Parkash (2019) Read Post »

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Dinesh Maheshwari, Judges, Second Appeal

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019) Date of the Judgment: April 16, 2019 Citation: 2019 INSC 386 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a High Court, in a second appeal, decide the case without addressing the substantial questions of law it initially

Supreme Court Remands Second Appeal for Fresh Hearing: Ranjit Kumar Karmakar vs. Hari Shankar Das (2019) Read Post »

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indira Banerjee, Judges, R. Banumathi, Second Appeal

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018) LEGAL ISSUE: Whether the High Court can decide on the validity of a quit notice when it was not a framed issue in the second appeal. CASE TYPE: Civil (Eviction) Case Name: Shrikant vs. Narayan Singh (Dead)

Supreme Court Remands Eviction Case Due to High Court’s Error on Quit Notice: Shrikant vs. Narayan Singh (2018) Read Post »

Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit: Jagjit Singh vs. Amarjit Singh (2018) INSC 763 (13 September 2018)

/ Breach of contract, Civil Procedure, Contract Law, Contractual Obligations, Deepak Gupta, Findings of Fact, Judges, Madan B. Lokur, Readiness and Willingness, Second Appeal, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c)

Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit Date of the Judgment: 13 September 2018 Citation: (2018) INSC 763 Judges: Madan B. Lokur, J., Deepak Gupta, J. Can a party seeking specific performance of a contract succeed if they fail to demonstrate continuous readiness and willingness to fulfill their obligations? The Supreme

Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit: Jagjit Singh vs. Amarjit Singh (2018) INSC 763 (13 September 2018) Read Post »

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018)

/ Civil Law, Civil Procedure Code, 1908, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Second Appeal, Indira Banerjee, Judges, Property Law, R. Banumathi, Second Appeal

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018) LEGAL ISSUE: Whether the High Court was correct in reversing the judgment of the First Appellate Court based on a question of fact, when no substantial question of law was involved. CASE TYPE: Civil Property Dispute Case Name: Kalyan Singh

Supreme Court overturns High Court order on property dispute: Kalyan Singh vs. Ravinder Kaur (2018) Read Post »

Supreme Court Remands Partition Suit for Fresh Hearing: Uma Pandey vs. Munna Pandey (2018)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, R.K. Agrawal, Second Appeal

Supreme Court Remands Partition Suit for Fresh Hearing: Uma Pandey vs. Munna Pandey (2018) Date of the Judgment: April 09, 2018 Citation: 2018 INSC 289 Judges: R.K. Agrawal, J., Abhay Manohar Sapre, J. Can a High Court dismiss a second appeal in limine (without a full hearing) if it involves substantial questions of law, especially

Supreme Court Remands Partition Suit for Fresh Hearing: Uma Pandey vs. Munna Pandey (2018) Read Post »

Supreme Court Remands Second Appeal Due to Procedural Errors: Surat Singh vs. Siri Bhagwan (2018)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indian Judiciary, Judges, R.K. Agrawal, Second Appeal, Supreme Court of India

Supreme Court Remands Second Appeal Due to Procedural Errors: Surat Singh vs. Siri Bhagwan (2018) LEGAL ISSUE: Procedural compliance in second appeals under Section 100 of the Code of Civil Procedure, 1908. CASE TYPE: Civil Case Name: Surat Singh (Dead) vs. Siri Bhagwan & Ors. Judgment Date: 19 February 2018 Introduction Date of the Judgment:

Supreme Court Remands Second Appeal Due to Procedural Errors: Surat Singh vs. Siri Bhagwan (2018) Read Post »

Supreme Court Upholds Ownership Rights, Rejects Adverse Possession Claim in Property Dispute

/ Abhay Manohar Sapre, Adverse Possession, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Judges, Property Law, R.K. Agrawal, Second Appeal

LEGAL ISSUE: Whether the defendant had successfully established a claim of adverse possession over a portion of the suit property. CASE TYPE: Civil Property Law Case Name: Narendra & Ors. vs. Ajabrao s/o Narayan Katare (D) Through LRs. Judgment Date: 26 October 2017 Date of the Judgment: 26 October 2017 Citation: [Not Available in Source]

Supreme Court Upholds Ownership Rights, Rejects Adverse Possession Claim in Property Dispute Read Post »

Supreme Court Sets Aside High Court Order for Lack of Reasoning in Property Partition Case (23 August 2017)

/ Abhay Manohar Sapre, Appellate Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 11, Code of Civil Procedure, 1908 with Order 41 Rule 31, Code of Civil Procedure, 1908 with Section 100, Judges, R.K. Agrawal, Reasoned Judgment, Second Appeal

Can a High Court dismiss a second appeal without stating reasons? The Supreme Court of India recently addressed this question in a case concerning a property partition dispute. The Court emphasized the importance of reasoned judgments, particularly in appellate cases. This case highlights the necessity for High Courts to provide clear explanations when dismissing appeals.

Supreme Court Sets Aside High Court Order for Lack of Reasoning in Property Partition Case (23 August 2017) Read Post »

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