A. Civil Procedure Code, 1908 (CPC) — Section 100 — Second Appeal — Jurisdiction — The High Court, while hearing a second appeal, is not entitled to re-appreciate evidence or substitute its own findings for those of the lower appellate court, except where the findings are erroneous, violate mandatory legal provisions or Supreme Court precedents, or are unsupported by admissible evidence. (Para 15) B. Limitation Act, 1963 — Suit for Declaration and Possession — The plaintiff must establish title and possession on the strength of their own title and evidence. The doctrine of co-heir possession is not applicable where parties are not co-heirs. (Paras 22, 24) C. Evidence Act, 1872 — Revenue Records — Entries in adangal and production of tax receipts do not constitute conclusive proof of ti...

A. Motor Vehicles Act, 1988, Section 166; Motor Vehicles Rules, 1989 (A.P.), Rule 252—Motor Accidents Claims Tribunal—Compensation—Insurance Liability — Where a tractor, classified as a goods vehicle, is used to carry passengers beyond its prescribed seating capacity, such act constitutes a violation of both the Motor Vehicles Rules and the insurance policy terms. Rule 252 explicitly prohibits carriage of passengers in goods vehicles exceeding seating limits or in a manner endangering their safety. In the present case, the tractor’s seating capacity was limited to the driver alone. The deceased, traveling as an unauthorized passenger, breached these provisions, leading to the insurer’s exemption from liability to indemnify the vehicle owner for the resultant death. (Paras 16, 17, 18, 22, 23) B. Mo...

Criminal Appeal under Section 378(3) & (1) Cr.P.C.—Appeal by State against Acquittal—Alleged Bomb Explosion causing Injuries—Charges under Sections 148, 324, 307 read with 149 IPC and Sections 3 & 5 Explosive Substances Act—Evaluation of Evidence—Eyewitness Testimony and Medical Evidence—Discrepancies and Inconsistencies in Witness Statements—Absence of Motive and Corroboration—Appreciation of Evidence by Trial Court—Power of Appellate Court to Interfere with Acquittal—Principles laid down in A. Shankar vs. State of Karnataka and State of Goa vs. Sanjay Thakran—Supreme Court Precedents on Interference in Acquittal Appeals—Burden of Proof and Presumption of Innocence—Scope of Reappreciation of Evidence—Held: No perversity or manifest illegality in T...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—The High Court may entertain a second appeal only upon satisfaction that a substantial question of law is involved—A question qualifies as 'substantial' if it directly impacts the rights of the parties, remains unsettled by higher courts, or presents significant legal difficulty. B. Civil Procedure Code, 1908—Section 100—Second Appeal—Interference with Concurrent Findings—High Court ought not to interfere with concurrent findings of fact unless such findings are perverse, based on no evidence, or arrived at by ignoring legal principles—Reappreciation of facts is impermissible in second appeal unless linked to a substantial legal question. C. Evidence Act, 1872—Unchallenged Test...

A. Civil Procedure Code, 1908—Section 100—Second Appeal—Interference by High Court—The jurisdiction of the High Court under Section 100 CPC is confined to substantial questions of law—It cannot reappreciate evidence or substitute its own factual conclusions unless findings of the lower courts are perverse, based on no evidence, or in violation of settled legal principles or binding precedents. B. Civil Procedure Code, 1908—Section 100, Order 7 Rule 1—Suit for Perpetual Injunction—Maintainability—A suit for injunction based on possession alone is maintainable even where ownership is disputed—Unless the dispute over title raises a serious cloud requiring declaratory relief, courts can adjudicate based on possession to prevent unlawful dispossession. C. Indian Evidence Act, 18...

Criminal Procedure Code, 1973—Section 482—Quashing of Proceedings—Dowry Prohibition Act, 1961—Sections 3, 4—Indian Penal Code, 1860—Sections 498-A, 506—Vague Allegations Against Family Members—Abuse of Process—In a petition under Section 482 CrPC, the High Court considered a plea to quash criminal proceedings initiated against the parents and brother of the husband (accused No.1) in a dowry harassment case—Although the police had filed a charge sheet only against the husband, the Magistrate took cognizance against the petitioners based on a protest petition—The petitioners contended that no specific material or role was attributed to them and that the cognizance was unwarranted. The Court noted that the allegations against the petitioners were vague, omnibus, and lacked ...

Civil Procedure Code, 1908—Section 151—Inherent Powers—Condonation of Delay and Stay of Dispossession—Revenue Law—Mutation—Title—Maintainability of Appeals against Cancellation of Pattadar Pass Books—An application under Section 151 CPC for condonation of delay in filing a writ appeal and for interim stay of dispossession from land was considered—The Court reiterated that inherent powers may be invoked to secure the ends of justice, especially in land-related disputes, where delay must be weighed against prejudice and public interest. On the substantive issue, the Court held that an agreement of sale, by itself, does not transfer ownership rights, nor can it be the basis for mutation of names in revenue records—Mutation entries are fiscal in nature and do not determine title&m...

Civil Procedure Code, 1908—Order 32 Rule 3—Guardianship, Fraud, and Appeal—Validity of Prior Ex Parte Decree—Role of Natural Guardian—Allegations of Fraud Unsupported—Limitation and Readiness to Perform Contract — In a suit seeking declaration that a prior decree (OS No. 296 of 1975) was not binding and for possession, the Trial Court’s dismissal was upheld in appeal under Section 96 CPC—The plaintiff challenged the decree passed when he was a minor, alleging fraud by his father (appointed guardian)—However, the record revealed no objections from either parent to the father's appointment; the plaintiff himself admitted his father acted in his interest and supported his education and family. No cogent or specific evidence of fraud or collusion was presented—...

Civil Procedure Code, 1908—Section 100—Second Appeal—Jurisdiction and Scope—The High Court’s power in second appeals is limited and does not extend to substituting its own view on facts or re-evaluating evidence—Interference is warranted only where the findings of the lower courts are perverse, illegal, unsupported by evidence, or material evidence has been overlooked, or where erroneous conclusions have been drawn. (Para 15, 30) Suit for Injunction—Maintainability—A suit seeking only injunction without seeking a declaratory decree of title is generally not maintainable where there exists a genuine dispute regarding ownership of the property—In cases of conflicting title claims, a declaration of ownership must precede or accompany the injunction relief sought. (Para 21, 32) Burde...

Indian Penal Code, 1860—Sections 304A, 338—Code of Criminal Procedure, 1973—Sections 397, 401—Criminal Revision—Rash and negligent driving causing death and grievous hurt—A jeep carrying 25 passengers, including school children, overturned while attempting to avoid a bullock cart on a narrow, muddy metal road lacking proper margins—Eyewitness testimonies consistently identified the accused as the driver; no mechanical faults were found in the vehicle. Driver’s Conduct—Operating at excessive speed under unsuitable road conditions while transporting children was held to be grossly negligent, though there was no evidence of intoxication—The accused, a young man aged 24, with no prior criminal history and serving as the family’s sole earner, was found culpable for causing de...