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KHUSH MURAD vs MALANG JAN O — 2022 YLR 1466 Gilgit-Baltistan Chief Court

Case information

Citation
2022 YLR 1466 Gilgit-Baltistan Chief Court
Year
2022
Reporter
YLR
Parties
KHUSH MURAD vs MALANG JAN O
Subject matter
Civil
Provisions referred to
Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHUSH MURAD VS MALANG JAN O. XLI, R. 31---"Points for determination"---Connotation---Appellate jurisdiction--- Scope--- Provision of O. XLI, R. 31 of Civil Procedure Code, 1908 was mandatory in nature and were to be followed by the Appellate Court to decide the matter in accordance with law---Statutory right of appeal confers a right of rehearing the whole dispute unless expressly restricted---Appellate Court was to consider the controversy entirely afresh both as regard to facts and law---Appellate judgment should state the points arising for determination---Term "points for determination" refers to all important questions involved in the case---Appellate Court was to record the points for determination so that it can be determined whether the Court had dealt with all the points---Appellate Court was required to give decision with regard to each point which should be self-explanatory, illuminative and in the nature of speaking order---Provisions of O. XLI, R. 31, C.P.C. having not been complied with, the judgment amounts to a bad judgment in the eye of law.

Other judgments reported in 2022 YLR

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