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1 - 10 of 21 (1.60 seconds)Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
G. Amalorpavam & Ors vs R.C. Diocese Of Madurai & Ors on 6 March, 2006
Being the final Court of fact, the first
appellate court must not record mere general
expression of concurrence with the trial Court
judgment rather it must give reasons for its
decision on such point independently to that of the
trial Court. Thus, the entire evidence must be
considered and discussed in detail. Such exercise
should be done after formulating the points for
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consideration in terms of the said provisions and
the Court must proceed in adherence to the
requirements of the said statutory provisions.
(Vide: Sukhpal Singh v. Kalyan Singh, AIR 1963 SC
146; Girijanandini Devi v. Bijendra Narain
Choudhary, AIR 1967 SC 1124; G. Amalorpavam v.
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.
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.
Shiv Kumar Sharma vs Santosh Kumari on 18 September, 2007
Being the final Court of fact, the first
appellate court must not record mere general
expression of concurrence with the trial Court
judgment rather it must give reasons for its
decision on such point independently to that of the
trial Court. Thus, the entire evidence must be
considered and discussed in detail. Such exercise
should be done after formulating the points for
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consideration in terms of the said provisions and
the Court must proceed in adherence to the
requirements of the said statutory provisions.
(Vide: Sukhpal Singh v. Kalyan Singh, AIR 1963 SC
146; Girijanandini Devi v. Bijendra Narain
Choudhary, AIR 1967 SC 1124; G. Amalorpavam v.
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.
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
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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
and Madhukar v. Sangram, 2001 (4) SCC 756."
Thakur Sukhpal Singh vs Thakur Kalyan Singh on 2 May, 1962
Being the final Court of fact, the first
appellate court must not record mere general
expression of concurrence with the trial Court
judgment rather it must give reasons for its
decision on such point independently to that of the
trial Court. Thus, the entire evidence must be
considered and discussed in detail. Such exercise
should be done after formulating the points for
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consideration in terms of the said provisions and
the Court must proceed in adherence to the
requirements of the said statutory provisions.
(Vide: Sukhpal Singh v. Kalyan Singh, AIR 1963 SC
146; Girijanandini Devi v. Bijendra Narain
Choudhary, AIR 1967 SC 1124; G. Amalorpavam v.
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.
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
Page 16 of 31
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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
and Madhukar v. Sangram, 2001 (4) SCC 756."