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1 - 6 of 6 (0.25 seconds)Section 8 in The Hindu Succession Act, 1956 [Entire Act]
Section 50 in The Indian Evidence Act, 1872 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
The Code Of Civil Procedure (Amendment) Act, 1956
Tulsi & Ors vs Chandrika Prasad. & Ors on 24 August, 2006
28. It would be relevant to note that the present Regular Second
Appeal has been filed under Section 41 of the Punjab Courts Act, 1918 and
not under Section 100 of CPC and that in paragraph 27 of the judgment of
the Constitutional Bench (Five Judges Bench) of the Hon'ble Supreme Court
in the case of Pankajakshi (dead) through legal representatives and others
Vs. Chandrika and others and other connected matters reported as (2016) 6
Supreme Court Cases 157, it was observed that since Section 97(1) of the
Code of Civil Procedure (Amendment) Act, 1976, has no application to
Section 41 of the Punjab Courts Act, it would necessarily continue as a law
in force. Section 41 of the Punjab Courts Act, 1918 provides that an appeal
would lie to the High Court from every decree passed in appeal by any Court
subordinate to the High Court on any of the grounds mentioned therein and
one such ground, i.e., ground No.(a) is when the decision is contrary to law
PUNEET SACHDEVA
2026.02.16 14:18
I attest to the accuracy and
authenticity of this document
Chandigarh
RSA-2205-1991 (O&M) [32]
or to some custom or usage having the force of law. The finding of the Ist
Appellate Court, as has been detailed hereinabove, is contrary to settled law
and perverse and thus, deserves to be set aside.
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