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1 - 10 of 21 (0.39 seconds)Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
B.V.Nagesh & Anr vs H.V.Sreenivasa Murthy on 24 September, 2010
The court
referred to the decision of Supreme Court in B.V.
Nagesh and another Vs H.V. Sreenivassamurthy [2010
(13) SCC 530] to observe that without framing the point
of determination, without proper reason and discussion,
the first appellate court cannot dispose of the first
appeal under section 96, CPC.
Legal Heirs Of Deceased Budhabhai ... vs Shantaben Wd/O Bhalabhai Becharbhai ... on 8 June, 2017
Again in Budhabhai
Bhikabhai Parmar Vs Shantaben, wd/o Bhelabhai [2013
(1) GLH 217], the Court disapproved perfunctory
manner in deciding the appeal in the appellate
jurisdiction and stated that the Appellate Court has to
give its own findings on all the points of determination.
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Madhukar And Ors vs Sangram And Ors on 20 April, 2001
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 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
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Hazari v. Purushottam Tiwari, 2001 (3) SCC 179
and Madhukar v. Sangram, 2001 (4) SCC 756."
Santosh Hazari vs Purushottam Tiwari (Dead) By Lrs on 8 February, 2001
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 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
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Hazari v. Purushottam Tiwari, 2001 (3) SCC 179
and Madhukar v. Sangram, 2001 (4) SCC 756."
G. Amalorpavam & Ors vs R.C. Diocese Of Madurai & Ors on 6 March, 2006
[4.3] It also cannot be disputed that while deciding and
disposing of the First Appeal under Order 41 read with
Section 96 of the CPC, the learned Appellate Court is
required to frame the points for determination as
envisaged under Order 41 Rule 31 of the CPC. However,
as observed by the Hon'ble Supreme Court in the case of
G. Amalorpavam and Ors. vs. R.C. Diocese of Madurai
and Ors. reported in (2006)3 SCC 224, if from the
judgment and order passed by the learned Appellate
Court it is found that the learned Appellate Court has
applied mind and decided all the issues and has given
his own findings solely on the ground that the points for
determination are not framed, the judgment and order
passed by the learned Appellate Court is not vitiated. In
para 8, the Hon'ble Supreme Court has observed and
held as under:
Shiv Kumar Sharma vs Santosh Kumari on 18 September, 2007
C/SA/120/2022 ORDER DATED: 02/09/2022
R.C. Diocese of Madurai, 2006 (3) SCC 224; Shiv
Kumar Sharma v. Santosh Kumari, 2007 (8) SCC
600; and Gannmani Anasuya v. Parvatini
Amarendra Chowdhari, AIR 2007 (SC 2380: 2007
(10) SCC 296.
Gannmani Anasuya & Ors vs Parvatini Amarendra Chowdhary & Ors on 17 May, 2007
C/SA/120/2022 ORDER DATED: 02/09/2022
R.C. Diocese of Madurai, 2006 (3) SCC 224; Shiv
Kumar Sharma v. Santosh Kumari, 2007 (8) SCC
600; and Gannmani Anasuya v. Parvatini
Amarendra Chowdhari, AIR 2007 (SC 2380: 2007
(10) SCC 296.