FIRST LAW

SUPREME COURT OF INDIA |  Abhay Manohar Sapre & R. Subhash Reddy, JJ. C.A. No.7363 of 2000 with C.A. No.7364 of 2000 and C.A. No.7365 of 2000 14-08-2019  The Code of Civil Procedure, 1908 – Section 100 – Second Appeal – “Concurrent Finding of Fact” – It is not the principle of law that where the High Court finds that there is a concurrent finding of two Courts (whether of dismissal or decreeing of the suit), such finding becomes unassailable in the second appeal. True it is as has been laid down by this Court in several decisions that “concurrent finding of fact” is usually binding on the High Court while hearing the second appeal under Section 100 of the Code of Civil Procedure, 1908. However, this rule of law is subject to certain well known exceptions mentioned infra. It is a trite law that in order to record any finding on the facts, the Trial Court is required to appreciate the entire evidence (oral and documentary) in the light of the pleadin...

The Limitation Act, 1963 - Section 5 - Second Appeal - Delay of 1942 days - Lawyer did not take timely steps, which resulted in causing delay in its filing / refiling, then, it cannot be regarded as a sufficient cause.

Time and again,  t he Supreme Court of India in  G. Saraswathi v. Rathinammal, (2018) 3 SCC 340 has emphasized on the Courts the need to pass reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues in support of its conclusion.