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1 - 10 of 57 (0.55 seconds)Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Section 92 in The Indian Evidence Act, 1872 [Entire Act]
Article 21 in Constitution of India [Constitution]
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 is therein open
for rehearing 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 first
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 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, SCC p. 188, para 15 and Madhukar
v. Sangram, SCC p. 758, para 5.)"
Section 16 in The Indian Contract Act, 1872 [Entire Act]
Madhukar And Ors vs Sangram And Ors on 20 April, 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 is therein open
for rehearing 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 first
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 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, SCC p. 188, para 15 and Madhukar
v. Sangram, SCC p. 758, para 5.)"
Section 54 in The Indian Evidence Act, 1872 [Entire Act]
Gulam Abbas vs Haji Kayyum Ali & Ors on 18 September, 1972
86. As already pointed out, Dastbardari (nLrcjnkjh) Ex. D.2, was without
any consideration amount. Even payment of Rs. 10,000/- as evident from
receipt Ex. D.1, was not in lieu of relinquishment, but it was paid because
Habib Shah was intending to purchase a Tempo. The Supreme Court in the
Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 27-11-2025
08:36:13 PM
NEUTRAL CITATION NO. 2025:MPHC-GWL:30713
60 F.A. No.5 of 1976
case of Gulam Abbas v. Haji Kayyum Ali, reported in (1973) 1 SCC 1 has
held as under :