Santosh Hazari vs Purushottam Tiwari (Dead) By Lrs on 8 February, 2001
"4. The appellate Court has jurisdiction to reverse or affirm
the findings of the trial Court. The first appeal is a valuable
right of the parties and unless restricted by law, the whole
case therein is open for re-hearing both on questions of
fact and law. The judgment of the appellate Court must,
therefore, reflect its conscious application of mind and
record findings supported by reasons, on all the issues
arising along with the contentions put forth and pressed by
the parties for decision of the appellate Court. Sitting as a
Court of appeal, it was the duty of the High Court to deal
with all the issues and the evidence led by the parties
before recording its findings. The first appeal is a valuable
right and the parties have a right to be heard both on
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questions of law and on facts and the judgment in the first
appeal must address itself to all the issues of law and fact
and decide it by giving reasons in support of the findings.
(Vide : Santosh Hazari v. Purushottam Tiwari, 2001 (3) SCC
179 and Madhukar v. Sangram, 2001 (4) SCC 756."