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peenaz mohsina (advocate)     01 July 2012

Need help!!

under what circumstances a new point can be raised for the first time in secon appeal/? please help me!!



Learning

 1 Replies

Ajit Singh Cheema (practising Advocate)     02 July 2012

Though no  second appeal lies on a question of fact, when such appeal is already before the High Court, and the evidence on record is sufficient , it may decide any issue of fact necessary for the disposal of the appeal, if such issue

a)has not been determined either by the trial court or by the appellate court or by both; or

b)has been wrongly determined by such court or courts by reason of its/ their decisions on substantial question of law.


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