Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

“A Second Appeal Only Lies on a Substantial Question of Law” – Delhi HC

07 May 2024 8:19 AM

By: Admin


New Delhi: In a significant ruling on November 21, 2023, the Delhi High Court, presided over by Hon’ble Ms. Justice Manmeet Pritam Singh Arora, upheld the eviction of the appellant, Rajender Bhardwaj, from a disputed property. The court’s decision, in this case, reinforced the legal principle that a second appeal is contingent upon the presence of a substantial question of law.

The case, titled RSA NO. 216 OF 2023, involved an appeal against the judgments of the Additional District Judge and the Senior Civil Judge. These judgments had previously decreed the eviction of Bhardwaj and the recovery of arrears and user charges.

Justice Arora, in her verdict, emphasized the limited scope of second appeals in the civil judicial system, quoting the Supreme Court’s precedent in Nazir Mohamed v. J. Kamal and others (2020) 19 SCC 57, “A second appeal, or for that matter, any appeal is not a matter of right... A second appeal only lies on a substantial question of law.”

The case delved into the question of whether the appellant’s arguments presented any significant legal queries. The court found that the appellant’s contentions were primarily factual and did not raise substantial legal questions that warranted a second appeal. This aligns with the CPC’s restrictions on the right of second appeals to cases where a significant question of law is involved.

Moreover, the court acknowledged the appellant’s undertaking to vacate the disputed property by January 21, 2024, and granted an extension for this purpose. The appellant agreed to pay increased user charges in the event of non-compliance with the court’s orders.

Delhi High Court’s judgment underscores the importance of legal principles governing second appeals in civil litigation. The decision serves as a reminder that the scope of second appeals is not to re-agitate facts but to address substantial legal questions, ensuring the efficient and judicious use of judicial resources.

Date of Decision: 21st November 2023

RAJENDER BHARDWAJ VS SULOCHANA

Latest Legal News