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1 - 10 of 10 (0.30 seconds)Section 103 in The Code of Civil Procedure, 1908 [Entire Act]
Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
S.R.Tewari vs Union Of India & Anr on 28 May, 2013
We reiterate however, that there must be a definite finding to that effect
in the judgment of the High Court so as to make it evident that Section 100
of the Code stands complied with.”
In S.R. Tiwari v. Union of India[4], after referring to the decisions of
this Court, starting with Rajinder Kumar Kindra v. Delhi Administration,
Through Secretary (Labour) and others[5], it was held at paragraph-30:
Rajinder Kumar Kindra vs Delhi Administration Through ... on 27 September, 1984
We reiterate however, that there must be a definite finding to that effect
in the judgment of the High Court so as to make it evident that Section 100
of the Code stands complied with.”
In S.R. Tiwari v. Union of India[4], after referring to the decisions of
this Court, starting with Rajinder Kumar Kindra v. Delhi Administration,
Through Secretary (Labour) and others[5], it was held at paragraph-30:
Gamini Bala Koteswara Rao & Ors vs State Of A.P. Thr.Secretary on 19 August, 2009
[(1984) 4 SCC 635 : 1985
SCC (L&S) 131 : AIR 1984 SC 1805] , Kuldeep Singh v. Commr. of
Police [(1999) 2 SCC 10 : 1999 SCC (L&S) 429 : AIR 1999 SC 677] , Gamini
Bala Koteswara Rao v. State of A.P. [(2009) 10 SCC 636 : (2010) 1 SCC (Cri)
372 : AIR 2010 SC 589] and Babu v. State of Kerala[(2010) 9 SCC 189 :
Krishnan vs Backiam & Anr on 11 September, 2007
“11. It may be mentioned that the first appellate court under Section 96
CPC is the last court of facts. The High Court in second appeal under
Section 100 CPC cannot interfere with the findings of fact recorded by the
first appellate court under Section 96 CPC. No doubt the findings of fact
of the first appellate court can be challenged in second appeal on the
ground that the said findings are based on no evidence or are perverse, but
even in that case a question of law has to be formulated and framed by the
High Court to that effect.
The Code of Civil Procedure, 1908
Gurvachan Kaur & Ors vs Salikram (Dead) Through Lrs on 18 March, 2009
…”
In Gurvachan Kaur and others v. Salikram (Dead) Through Lrs.[2], at
paragraph-10, this principle has been reiterated:
Kulwant Kaur & Ors vs Gurdial Singh Mann (Dead) By Lrs & Ors on 21 March, 2001
In Kulwant Kaur and others v. Gurdial Singh Mann (Dead) by Lrs.[3], this
Court has dealt with the limited leeway available to the High Court in
second appeal. To quote paragraph-34:
1