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Showing posts with label first appellate court. Show all posts
Showing posts with label first appellate court. Show all posts
Monday, 3 August 2026

Bombay HC (DB): Judgment passed in Moinoddin s/o.Khodboddin vs.State of Maharashtra is not good law

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 In our view, the said proviso carves out an exception to the general rule which is provided under Section 353(5) and (6) of the Code. We, t...

Bombay HC: Sessions Judge shall pronounce Judgment in appeal against conviction in presence of the accused except as provided under S 353(6) of CRPC

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Thus, taking note of all these pronouncements would make it clear that in fact, there is a duty on the Appellate Court i.e. Sessions Judge (...

Bombay HC: First appellate Court after confirming the conviction, has no power to suspend the sentence, even if appellant may express his desire to prefer revision against the said conviction

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 On reference to operative order of learned Sessions Judge, it is evident that while delivering the judgment on February 3, 2003, learned Se...
Wednesday, 15 April 2026

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...
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...
Sunday, 29 March 2026

Ex Parte at Trial, New Defence in Appeal? The Real Limits of the First Appellate Court Under the CPC

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A first appeal under Section 96 CPC is not a mere formality. It is a rehearing on facts and law, and the first appellate court has a duty to...
Saturday, 21 March 2026

Not a Formality: How a First Appellate Court Must Decide Facts, Law, and Mixed Issues under the CPC

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 A first appeal under Section 96 of the Code of Civil Procedure, 1908, is a full rehearing on facts as well as law, and not a mere endorseme...
Sunday, 15 September 2024

Supreme Court: The Court can not recognize compromise if it is not reduced in to writing & not Signed By Parties

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 During the pendency of appeal, on 22.08.1983 Mansha Ram and others executed a sale deed in favour of Kartar Chand, Sansar Chand and Rajinde...
Sunday, 11 August 2024

Landmark Supreme Court Judgment on powers and duties of first appellate court while deciding first appeal

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    The first appellate Court has, in a very cryptic manner, reversed the finding on question of possession and dispossession as alleged by ...
Thursday, 13 February 2020

Whether it is mandatory for appellate court to comply O 41 R 31 of CPC while deciding first appeal?

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  It is clear from the above provisions and the decisions of this Court that the judgment of the first appellate court has to set out p...
Sunday, 19 January 2020

What is duty of first appellate court while deciding first appeal?

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The Hon'ble Apex Court in Santosh Hazari Vs. Purushottam Tiwari (Deceased) by L.Rs. [MANU/SC/0091/2001 : (2001) 3 SCC 179] has observe...
Sunday, 29 September 2019

Guidelines for framing of point for determination by first appellate court

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  At the time of submissions, learned Advocate Mr. S.S. Bora appearing for the appellants submitted that the first appellate court has not...
Friday, 23 August 2019

Principles regarding mode of disposal of first appeal

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  In this context, we may usefully refer to Order 41 Rule 31 Code of Civil Procedure which reads as follows: ORDER 41 APPEALS FROM...
Saturday, 27 July 2019

Whether first appellate court can examine legality of finding recorded in favour of plaintiff in absence of cross objection of defendant?

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Mere perusal of the judgment of the Trial Court would go to show that while answering the issues, the Trial Court had divided issue No. 4 ...
Wednesday, 14 November 2018

Whether appellate court can consider merits of appeal while deciding application for condonation of deay?

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 Since the review petition is held not maintainable, there was no dispute that the Appellant had a right to file first appeal.  As held in...
Sunday, 11 September 2016

What are proper test for determining whether a question of law raised in the case is substantial?

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The phrase 'substantial question of law', as occurring in the amended Section 100 is not defined in the Code. The word substantial...
Wednesday, 20 April 2016

What are duties of first appellate court while deciding first appeal?

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Before parting with the judgment, I think it necessary to place on record what are seen to be the established obligations of the first ap...
Sunday, 6 March 2016

Whether first appellate court can reverse decree of trial court even in absence of any cross-appeal or cross-objection by plaintiff?

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The fact remains that to the extent to which the decree is against the respondent and he wishes to get rid of it he should have either f...