Ceean International Private Limited ... vs Ashok Surana And Anr. on 27 August, 2002
9.2. An appeal is a continuation of a proceeding. It is a settled proposition of law (Vijay Nath v. Damodar Das, ).
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1 - 4 of 4 (0.48 seconds)New India Assurance Co. Ltd. vs Tara Sundari Phauzdar on 25 July, 2003
But while making such distinction, the Apex Court did not take into consideration the settled proposition of law that appeal is a continuation of proceeding or in effect a re-hearing of the original proceeding (Vijai Nath v. Damodar Das, ; Damodar Mukherjee and Ors. v. Bonwarikd Agarwalla and Ors., ; Dayawati v. Inderjit, ). The appeal cannot travel beyond the scope of the original proceeding. A ground, which is not available in the suit, cannot become available in an appeal unless there is a change in law in a given circumstances. Admittedly, in the present case, there has been no chance in the law.
The State Of Bihar & Ors vs Mahesh Ram & Ors on 5 July, 2011
In a case of Vijai Nath
Vs. Damodar Das Chela Shiv Mangal Das
and others reported in A.I.R. 1971
Allahabad 109 it has been observed that:-
The Property Company Ltd vs Rohinten Daddy Mazda on 16 December, 2016
"9.2. An appeal is a continuation of a proceeding. It is a settled proposition
of law (Vijay Nath v. Damodar Das, AIR 1971 All 109).
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