Showing posts with label points for determination. Show all posts
Showing posts with label points for determination. Show all posts

Sunday, 26 May 2019

Whether appellate court is required to frame separate points for determination and record his findings on each points?

 Normally, the first Appellate Court is last Court of appreciation of facts. It should record the arguments advanced from both the sides and frame separate points for determination and record his findings separately on each point with reasons. The growing tendency to adopt a shortcut and frame only a point as to whether any interference is required in judgment and decree of trial Court is contrary to the provisions of Order 41, Rule 31, Civil Procedure Code.

IN THE HIGH COURT OF BOMBAY

S.A. No. 1053 of 2005

Decided On: 11.10.2018

Rukmini A. Jadhav Vs.  Shankar Bhau Patil and Ors.

Hon'ble Judges/Coram:
A.M. Dhavale, J.

Citation: 2019(2) MHLJ 228
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