LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

P.Padmanaabhan (advocate)     07 December 2011

Latest judgment

May i knolw the latetst Supreme Court judgmnet reported in journals like Supreme Court cases relating to Seconday evdience unxcdre S 65 of indian evidence act . I am told the the  judgment  is by the Bench of His Lordship  honble Justice P.  Sathasivam  and companion judge.



Learning

 7 Replies

B.K.GUPTA... (ADVISOR)     10 December 2011

Dear Mr. Padmanaabhan

Attached herewith is Judgement of Supreme Court


Attached File : 30392 232928 10 appeal civil 6956 of 2004 sc.pdf downloaded: 160 times

P.Padmanaabhan (advocate)     13 December 2011

thank u Sir..sent you a personal maeesage too just now.

B.K.GUPTA... (ADVISOR)     13 December 2011

This judgement also provides procedure to be adopted by the first appellate court as the first appellate court's findings are FINAL regarding facts.

B.K.GUPTA... (ADVISOR)     13 December 2011

e-mail id given by you is wrong.Provide exactly

B.K.GUPTA... (ADVISOR)     13 December 2011

My email id: bkgupta1212@gmail.com

P.Padmanaabhan (advocate)     16 December 2011

thank u thiru.Gupta. will  mail u instantly from my id . YEs!but...... the first appellate court as the final court of appeal is NOT necessaily correct in ecah  and every case   but the finality of the facts found by the first appeallate court may be assailed in the second appeal too.I remember to have read it recently.t

B.K.GUPTA... (ADVISOR)     17 December 2011

Dear Shri Padmanaabhan

Yes you are right .One can raise the facts in second appeal but if you go through various judgement of different High Courts you will notice that High Courts in their judgements have mentioned quoting various citations of the supreme court that under sec 100 second appellate court can go into the errors of law only and have rejected the second appeals.High courts have gone to the extent in saying that -may be the errors apparent on facts-I will mention the judgements later as I do not remember now.

At the most only 5-10% judgement you can find in which the errors of facts may have been considered in second appeal.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register