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Showing posts with label civil appeal. Show all posts
Showing posts with label civil appeal. Show all posts
Sunday, 26 July 2026

Bombay HC: How Appellate court should exercise his discretion while deciding misc. civil appeal against the order of temporary injunction??

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 The scope of jurisdiction available to this Court at this stage is well known. The temporary injunction is a discretionary relief granted t...
Monday, 27 April 2026

Additional Evidence in Appeal: Why the Application Is Decided at Final Hearing?

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  Under Order 41 Rule 27 CPC, the application for additional evidence is generally decided at the time of final hearing of the appeal on mer...
Thursday, 23 April 2026

Whether the order of appointment of court commissioner can be challenged in appeal from decree?

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   An order appointing a Court Commissioner can generally be challenged in the appeal from the decree, if that interlocutory order affected ...
Sunday, 19 April 2026

Supreme Court: Whether an appellate court can dismiss an appeal solely on the basis of an unrebutted affidavit of the respondent without considering the entire material on record, including the trial court record?

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Having heard the learned counsel for the parties and having perused the documentary material on record,  we are of the view that the writ pe...

Jharkhand HC :Admissions Made In Pleadings Are Binding U/S 21 of Evidence Act and Cannot Be Retracted At Appellate Stage

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11.2 So far as the second plea raised by the Appellant assailing the impugned Award on the ground that the claimant injured had sustained no...
Wednesday, 15 April 2026

Questions and answers on law (Part 88)

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  Q 1:- What is difference between Malfeasance,Misfeasance,and Nonfeasance ? Ans:-  https://www.lawweb.in/2019/07/what-is-difference-between...

Amendment of Memorandum of Appeal in First Appeal: When It May Be Allowed, and Why It Does Not Amend the Trial Court Pleadings

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  A first appellate court may permit amendment of the memorandum of appeal, or grant leave to urge an additional ground, where the amendment...
Tuesday, 14 April 2026

Can a Court Allow a Time-Barred Amendment of Pleadings? Scope of Trial Court and First Appellate Court Powers Under Order VI Rule 17 CPC

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Order VI Rule 17 CPC confers a wide discretionary power on civil courts to permit amendment of pleadings at any stage if the amendment is ne...

Delay condonation -sub questions qua appeals and landmark old case and current position

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  Delay condonation in appeals is governed mainly by Section 5 of the Limitation Act, 1963, under which an appeal may be admitted after th...
Sunday, 12 April 2026

Silent Defendants, Noisy Records: How District Judges Should Handle Undefended Partition Appeals and Additional Evidence

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  When a defendant appears but never files a written statement, and yet the trial court dismisses a partition suit with minimal reasoning, t...
Saturday, 11 April 2026

Supreme Court: Appellants can not rely upon the additional evidence at the appellate stage in the absence of foundational pleadings in plaint

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  11.11. Further, even at the stage of the earlier suit instituted by the predecessors-in-interest of the Appellant-Plaintiffs, their consis...

Supreme Court : Additional Evidence Cannot Be Allowed To Fill Lacunae In Appeal

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11.17. In such a backdrop, when the Appellant-Plaintiffs themselves asserted title on the basis of long and continuous possession through th...

Supreme Court: What are pre-requisites for allowing application for adducing additional evidence in civil appeal as per O 41 R 27 of CPC?

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It is true that the general principle is that the appellate court should not travel outside the record of the lower court and cannot take an...
Sunday, 29 March 2026

Ex Parte at Trial, Active in Appeal: Can the Defendant File Fresh Documents in First Appeal?

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Q :- S uit is proceeded exparte against defendant before trial court. trial court has dismissed the suit of plaintiff. plaintiff has filed a...
Wednesday, 4 February 2026

Digest of Caselaws on Civil and criminal appeal and revision

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  1) Leading SC and other HC Judgments on Civil appeal, criminal appeal, civil revision, criminal revision and remand of case (Part 1) https...
Saturday, 23 August 2025

Supreme Court: Adverse Possession Plea Can't Be Raised For First Time At Appellate Stage

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The determination of adverse possession depends upon sifting of facts and circumstances, indicative of adverse possession, and then, upon te...
Sunday, 15 June 2025

Supreme Court: Whether the court should abate a proceeding for death of some of parties where parties having separate rights have jointly filed any proceeding?

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34. In the light of the above discussion, we hold:- (1) Wherever the plaintiffs or appellants or petitioners are found to have distinct, sep...

Order 41, Rule 33 of CPC: Extraordinary Appellate Power and Its Limitations

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  Based on the discussion of separable decrees in Banarsi v. Ram Phal   AIR2003SC1989, (2003)9SCC606,  and the established legal framework, ...

What is distinction between cross objection and cross appeal as per indian law?

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 Under Indian law, cross objections and cross appeals serve similar purposes but have distinct procedural characteristics. Here are the key ...
Monday, 2 June 2025

Supreme Court: No Temporary Injunction Can Be Granted In Appeal Against Rejection Of Plaint

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 Having heard learned counsel for the appellant and learned senior counsel for the respondent, we observe that in a case where an appeal is ...