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Showing posts with label findings. Show all posts
Showing posts with label findings. Show all posts
Saturday, 18 February 2023

Whether findings of the court on issues which did not fall for consideration before it will operate as Res Judicata?

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 In the first round, the only question that fell for consideration before the High Court was as to whether the Respondent-Plaintiff was enti...
Sunday, 27 November 2022

Bombay HC: Civil Court Order To Prevail Over Findings Recorded By Authorities Under Maharashtra Money-Lending (Regulation) Act

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  In the present case, cognizance is taken by theDistrict Registrar (Money Lending) of a complaint filed by Respondent No. 5.  Whether Respo...
Sunday, 24 April 2022

Can the court remit an award to the arbitrator in the absence of findings on contentious issues?

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When it is the specific case of the Respondent that there is no finding at all, on point No. 1 viz. "whether the contract was illegally...
Thursday, 7 May 2020

Supreme Court: Accused has the right to challenge a finding of guilt against him in an appeal against conviction even if he has not filed an appeal

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As aforesaid, even though the State has filed the present appeal against all the five accused persons, at the outset, it was made clea...
Monday, 20 April 2020

When a party should file appeal against any finding given against it even if suit was dismissed against him?

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It is well settled that the party against whom a finding is recorded has got a right of appeal even if ultimate decision may be in his fav...
Sunday, 5 April 2020

Whether finding given by court against defendant in first suit will amount to res-judicata in second suit if first suit was dismissed?

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The findings of the court are clear i.e., that there is sub-letting to the company. The question is whether the above findings which were...
Thursday, 12 September 2019

Whether appeal lies against a mere finding if such finding does not amount to decree?

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There is a basic distinction between the right of suit and the right of appeal. There is an inherent right in every person to bring a sui...
Monday, 29 April 2019

Whether appeal lies against finding given in judgment of trial court?

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 I have considered the submissions made on behalf of the parties and have also perused the impugned order dated 21.07.2007. On a reading ...
Thursday, 27 December 2018

When it is mandatory for court to frame additional issue?

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  Therefore, in the present case, when the defendant has taken an objection in the written statement that Surender Kumar had no authority ...
Thursday, 13 September 2018

How to write Judgment if an unlawful assembly commits the offence?

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 From the judgment of the Sessions Court, we do not see any clear findings recorded (i) as to the existence of an unlawful assembly, (ii) ...
Sunday, 17 June 2018

Whether finding given by court without jurisdiction on merits of case will amount to res judicata?

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In our opinion the High Court misconstrued the earlier order as it failed to note that the observations made thereunder were not binding s...
Saturday, 16 June 2018

Whether court can record finding on a issue which is framed beyond pleading?

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 In our considered opinion, the aforesaid finding of the High Court is wholly illegal and unsustainable in law besides being against the ...
Sunday, 11 March 2018

Whether respondent can challenge findings given against him without filing cross objections?

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Under Sub-rule (1) the respondent, though he might not have appealed from any part of the decree, the respondent is entitled not only to s...

Whether respondent in writ petition while supporting order passed in his favour can challenge findings recorded against him?

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So far as the first point is concerned, Order 41, rule 22 of the Code of Civil Procedure confers two distinct rights on the respondent in ...
Sunday, 18 February 2018

Whether landlord can agitate grounds of eviction negatived by trial court in appeal preferred by tenant?

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'Any aggrieved party', the expression employed in Section 20(1), means a person feeling aggrieved by the ultimate decision, that i...
Sunday, 17 September 2017

Whether a party can challenge adverse finding given against him without filing cross objection?

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In terms of Order 41, Rule 22 of the Civil Procedure Code, it is open to the respondents to challenge any finding which is adverse to him ...
Thursday, 20 July 2017

Whether civil court can rely on finding given by criminal court?

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The case law on the subject is umpteen. As noticed, the proceedings are often referred to as, in the nature of, a summary proceeding, a qu...
Sunday, 12 February 2017

Whether critical direction which is unfavourable to respondent can be assailed without filing cross objection?

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The settled position in law as is evident from a proper perusal of   Nalakath   is that even though several points pressed by the victor o...

Whether a party can challenge a finding given against him without filing revision?

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It was also held in Smt. Gangabai v. Vijay Kumar and Ors. MANU/SC/0020/1974 : (1974) 2 SCC 393, 'no appeal can lie against a mere find...

Whether punishment can be imposed on employee if there is inherent contradiction between charges levelled and findings of enquiry officer?

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 If the charges levelled against the Appellant are one of purchase from an unauthorised/non-existent dealer and the finding of the Enquir...