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Balraj Singh vs Bhagat Singh (Deceased) Through His on 20 November, 2018 cites

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 (2001) 3 SCC 179, SCC p. 188, para 15 and Madhukar v. Sangram (2001) 4 SCC 756, SCC p. 758, para 5.)
Supreme Court of India Cites 15 - Cited by 1602 - R C Lahoti - Full Document

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 (2001) 3 SCC 179, SCC p. 188, para 15 and Madhukar v. Sangram (2001) 4 SCC 756, SCC p. 758, para 5.)
Supreme Court of India Cites 1 - Cited by 383 - B Kumar - Full Document

Vinod Kumar vs Gangadhar on 13 October, 2014

"13. An appellate court is the final court of facts. The judgment of the appellate court must therefore reflect court's application of mind and record its findings supported by reasons. The law relating to powers and duties of the first appellate court is well fortified by the legal provisions and judicial pronouncements. Considering the nature and scope of duty of first appellate court, in Vinod Kumar v. Gangadhar (2015) 1 SCC 391, it was held as under:- (SCC pp. 394-96, paras 12-15) "12.
Supreme Court of India Cites 7 - Cited by 131 - A M Sapre - Full Document

Laliteshwar Prasad Singh & Ors vs S.P.Srivastava(D) Tr.Lr on 15 December, 2016

12. The scope, ambit and power of the first Appellate Court while deciding the first appeal have been subject matter of various judicial pronouncements and I may refer to the pronouncement of the Hon'ble Supreme Court in Laliteshwar Prasad Singh & Ors. versus S.P. Srivastava (dead) through legal representatives (2017) 2 SCC 415, wherein it was held as under:-
Supreme Court of India Cites 10 - Cited by 104 - R Banumathi - Full Document
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