Second Appeal in Cpc

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NIRMA UNIVERSITY
INSTITUTE OF LAW

B.COM. LL.B. (Hons.) Course
VI semester

Doctrinal Research
On the topic

Second appeal
and
the substantial question of law
IN CIVIL PROCEDURE CODE
For the academic Year
2012-13

Submitted to: Submitted By: Mr. Anand Shinde SHAH RUKH kHAN
(10BBL078) Statement of problem
Every party who will loosing the case always goes for appeal in higher court of law, which result in the burden of cases in our judiciary.

Review of literature

This project report contains data subscribed from various website and books which are relates to civil procedure code. The main objective of preparing this project is to deeply analyse second appeal and substantial question of law. for this I have visited following websites to get all the needed data or information for my research project. 1. To understand appeal I search the websites like.

www.advocatekhoj.com
www.indiankanoon.com
www.lawguide.com
2. To understand section 100 of c.p.c, book named civil procedure code by justice C.K. Thakkar has helped me a lot to understand the section and its validities 3. For the rights and grounds for second appeal the book name civil procedure code by mr. M.P. Jain has given me the more clear view to study andshow the path for the research. 4. And for substantial question of law I went through a website called www.hanumant.com where I found an article which helped me to understand the appeal from the judges point of view.

Objectives

* To understand the appeal as a remedy
* To know the essentials for an appeal
* To know the gounds of appeal
* Where the application of second appeal accepted

Hypothesis

Wrong interpretation of any law gives rise to substantial question of law based on which parties approach court under second appeal.

Research question

Can appeal force the courts to review their decisions

Mythodology

Although,my study was Doctrinal but I was only restricted to books and many sites as I have received a good amount of data from websites.

INDEX
CHAPTER 1: * PREFACE----------------------------------------------
* ACKNOWLEDGEMENT------------------------------
* INTRODUCTION--------------------------------------
* NATURE & SCOPE OF STUDY---------------------
* OBJECTIVE/AIM OF THE STUDY-----------------
* RESEARCH METHODOLOGY-------------
* REVIEW OF LITERATURE----------------
CHAPTER 2: * APPEAL ----------------------------------------------------------------- * RIGHT TO SECOND APPEAL----------------------------------------- * NATURE AND SCOPE OF SECTION 100 OF C.P.C.--------------- * ANALYSIS ON SUBSTANTIAL QUESTION OF LAW---------------- * GROUNDS FOR SECOND APPEAL-----------------------------------

CHAPTER 3:
CONCLUSION-------------------------------------------------- BIBLIOGRAPHY ------------------------------------------------

Chapter- 2

APPEAL
Part 7 of CPC consisting of Sections 96 to 112 as well as Order 41 to 45 CPC deal with appeals. Out of these Sections 100 to 103 CPC deal with second appeals before High Courts whereas Sections 109 to 112 CPC deal with appeals to the Apex Court. Similarly, Order 42 deals with second appeals to High Court whereas Order 45 deal with appeals to Supreme Court. Section 109 CPC empowers the Supreme Court to hear appeal from any civil proceeding before a High Court, subject to any limitation prescribed by the constitution, and if the High Court concerned certifies that the case involves a substantial question of general importance or that the High Court considers that the question involved in the case needs...
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