Code of Civil Procedure, 1908 with Order XLI Rule 31

Supreme Court Orders Remand Due to Inadequate First Appeal Review: Nemai Chandra Dey vs. Prasanta Chandra (2022)

Supreme Court Orders Remand Due to Inadequate First Appeal Review: Nemai Chandra Dey vs. Prasanta Chandra (2022) LEGAL ISSUE: The duty of the first appellate court to re-appreciate evidence and provide reasoned findings. CASE TYPE: Civil Appeal Case Name: Nemai Chandra Dey (Dead) Through Lrs. vs. Prasanta Chandra (Dead) Through Lrs. & Anr. [Judgment Date]: […]

Supreme Court Orders Remand Due to Inadequate First Appeal Review: Nemai Chandra Dey vs. Prasanta Chandra (2022) Read Post »

Supreme Court Sets Aside High Court Order on Impleadment in Recovery Suit: IL&FS Engineering vs. Bhargavarama Constructions (2021)

Supreme Court Sets Aside High Court Order on Impleadment in Recovery Suit: IL&FS Engineering vs. Bhargavarama Constructions (2021) LEGAL ISSUE: Whether a High Court can set aside a trial court’s decree solely on the basis of allowing an impleadment application in a first appeal, without considering the merits of the case. CASE TYPE: Civil Recovery

Supreme Court Sets Aside High Court Order on Impleadment in Recovery Suit: IL&FS Engineering vs. Bhargavarama Constructions (2021) Read Post »

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020)

Supreme Court clarifies the duty of First Appellate Court: Malluru Mallappa vs. Kuruvathappa (2020) LEGAL ISSUE: Duty of the First Appellate Court to re-appreciate evidence and record findings in appeals against decrees. CASE TYPE: Civil – Specific Performance. Case Name: Malluru Mallappa(D) Thr. Lrs. vs. Kuruvathappa & Ors. Judgment Date: 12 February 2020 Introduction Date

Supreme Court clarifies the duty of First Appellate Court in Specific Performance cases: Malluru Mallappa vs. Kuruvathappa (2020) Read Post »

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