Professional Documents
Culture Documents
An Appeal Shall Lie From Every Decree Passed by Any Court
An Appeal Shall Lie From Every Decree Passed by Any Court
An Appeal Shall Lie From Every Decree Passed by Any Court
(2)Where there is no such majority Which concurs in judgment varying or reversing the decree
shall be confirmed:
Provided that where the Bench hearing the appeal is composed of two Judges belonging
to a Court consisting of more than two Judges, and the Judges composing the Bench
differ in opinion on a point of law, they may state the point of law upon which they differ
and the appeal shall then be heard upon that point only by one or more of the other
Judges, and such point shall be decided according to the opinion of the majority (if any)
of the Judges who have heard the appeal, including those who first heard it.
Second Appeal
100.-(l) an appeal shall lie to the High Court from every decree passed in appeal by any Court
subordinate to a High Court on any of the following grounds, namely
:(a) the decision being contrary to law or to some usage having the force of law
.(b) the decision having failed to determine some material issue of law or usage having the force
of law
(c) a substantial error or defect in the procedure provided by this Code or by any other
law for the time being in force, which may possibly have produced error or defect in the decision
of the case upon the merits.
Second Appeal on no other grounds
101. No second appeal shall lie except on the grounds mentioned in section 100.