www.Aaptaxlaw.com
 

 

 
 

SECTION 103, 104 OF CODE OF CIVIL PROCEDURE 1908

What is the Power of High Court to determine issues of fact? What are the Orders from which appeal lies? Section 103 and 104 of Code of Civil Procedure 1908

Power of High Court to determine issues of fact and Orders from which appeal lies are defined under Section 103 and 104 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 103 of Code of Civil Procedure 1908 "Power of High Court to determine issues of fact"

In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,-

(a) which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or

 

(b) which has been wrongly determined by such Court or Courts reason of a decision on such question of law as is referred to in section 100.

Section 104 of Code of Civil Procedure 1908 "Orders from which appeal lies"

(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:-

[Clauses (a) to (f) omitted]

(ff) an order under section 35A;

(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;

(g) an order under section 95;

(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of an person except where such arrest or detention is in execution of a decree;

(i) any order made under rules from which an appeal is expressly allowed by rules;

Provided that not appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.

(2) No appeal shall lie from any order passed in appeal under this section.

Code of Civil Procedure 1908

What is the meaning Second appeal on no other grounds? What is the meaning No second appeal in certain suits? Section 101 and 102 of Code of Civil Procedure 1908

What is the Power of High Court to determine issues of fact? What are the Orders from which appeal lies? Section 103 and 104 of Code of Civil Procedure 1908

What are Other orders? What Courts to hear appeals? What are the Powers of Appellate Court? Section 105, 106 and 107 of Code of Civil Procedure 1908

What is the Procedure in appeals from appellate decrees and orders? When appeals lie to the Supreme Court? What is Savings? Section 108, 109 and 112 of Code of Civil Procedure 1908

What is Reference to High Court? What is Review? Section 113 and 114 of Code of Civil Procedure 1908

What is Revision? What is District Court's powers of revision? Section 115 and 115A of Code of Civil Procedure 1908

What is the meaning Part to apply only to certain High Courts? What is Application of Code to High Court? What is Execution of decree before ascertainment of costs? Section 116, 117 and 118 of Code of Civil Procedure 1908

What is the meaning Unauthorized persons not to address Court? What are the Provisions not applicable to High Court in original civil jurisdiction? Section 119 and 120 of Code of Civil Procedure 1908


Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap