w w w . L a w y e r S e r v i c e s . i n



Nand Lal v/s Jaipur Vidhut Vitran Nigam Limited through Chairman & Others


Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

Company & Directors' Information:- NIGAM & NIGAM PVT LTD [Strike Off] CIN = U35921WB1987PTC042595

    Civil Second Appeal No. 532 of 2011

    Decided On, 25 July 2011

    At, High Court of Rajasthan

    By, THE HONOURABLE MR. JUSTICE MOHAMMAD RAFIQ

    For the Plaintiff: Ashwani Chobisa, Counsel. For the Defendants: --------



Judgment Text

1. Heard learned counsel for plaintiff-appellant.

2. Plaintiff-appellant filed a suit for injunction, which was dismissed by trial court. Being aggrieved thereby, an appeal was preferred by plaintiff, which was dismissed by first appellate court. Hence this second appeal.

3. Learned counsel for appellant, in support of his case, has cited judgments of Supreme Court in Deoki Nandan v. Murlidhar and Others , AIR 1957 SC 133, and Messrs. Trojan and Co. v. RM. N.N. Nagappa Chettiar, AIR 1953 SC 235, which, in the facts of present case, are not applicable.

4. Questions, which have been raised by appellant as questions of law, are not even questions of law what to say substantial questions of law. They are all questions of fact. Both the courts below have concurrently decided those issues in favour of defendant-respondents and against plaintiff-appellant.

5. Issues involved in present case are all questions of fact and there is concurrent finding of facts by both the Courts below thereabout, which cannot be interfered with by this Court in second appeal under Section 100 CPC.

6. A three-Judges-Bench of the Hon'ble Supreme Court in Bholaram v. Ameerchand, (1981) 2 SCC 414, considered the effect of amendment made in Section 100 of the CPC in 1976, and held as under:

"......The High Court, however, seems to have justified its interference in second appeal mainly on the ground that the judgments of the courts below were perverse and were given in utter disregard of the important materials on the record particularly misconstruction of the rent note. Even if we accept the main reason given by the High Court the utmost that could be said was that the findings of fact by the courts below were wrong or grossly inexcusable but that by itself would not entitle the High Court to interfere in the absence of a clear error of law."

7. The Hon'ble Supreme Court, in Ramaswamy Kalingaryar v. Mathayan Padayachi, AIR 1992 SC 115, while considering the scope of Section 100 CPC, held as under:

"......Suggested shortcomings in the findings of fact recorded by the Courts below would not alter the situation that those were findings of facts, unquestionable, under the provisions of S.100, C.P.C., which defines the contours of the power of the High Court in second appeal. ....."

8. The Hon'ble Supreme Court in Gurdev Kaur and Others v. Kaki and Others, (2007) 1 SCC 546, considered the true import, scope and ambit of Section 100 CPC by referring the Section 100 CPC, before and after amendment of 1976, various declarations of law by Privy Council and Supreme Court, Legislative background in the 54th Report of the Law Commission of India submitted in 1973, Historical perspective, Rational behind permitting second appeal on substantial question of law, and held as under:

"81. Despite repeated declarations of law by the judgments of this Court and the Privy Council for over a century, still the scope of Section 100 has not been correctly appreciated and applied by the High Courts in a large number of cases. In the facts and circumstances of this case the High Court interfered with the pure findings of fact even after the amendment of Section 100 CPC in 1976. The High Court would not have been justified in interfering with the concurrent findings of fact in this case even prior to the amendment of Section 100 CPC. The judgment of the High Court is clearly against the provisions of Section 100 and in no uncertain terms clearly violates the legislative intention.

82. In view of the clear legislative mandate crystallized by a series of judgments of the Privy Council and this Court ranging from 1890 to 2006, the High Court in law could not have interfered with pure findings of facts arrived at by the courts below. Consequently, the impugned judgment is set aside and this appeal is allowed with costs."

9. The Supreme Court in Dinesh Kumar v. Yusuf Ali, reported in (2010) 12 SCC 740, held that a second appeal does not lie on the ground of erroneous findings of facts based on appreciation of the relevant evidence. The High Court should not entertain a second appeal unless it raises a substantial question of law. It is obligation on the court of law to further the clear intendment of the legislature and not to frustrate it by ignoring the same.

10. The Supreme Court in Kondiba Dagadu Kadam v. Savitri Bai Sopan Gujar, (1999) 3 SCC 722, has held that the second appeal cannot be decided on merely equitable grounds. The concurrent findings of facts howsoever erroneous cannot be disturbe

Please Login To View The Full Judgment!

d by the High Court in exercise of the powers under this section. The question of law has to be distinguished from a substantial question of fact. 11. I have gone through the finding recorded by first appellate court on all the issues, which are of factual in nature and do not raise any question of law muchless any substantial question of law. 12. No substantial question of law is involved in this second appeal and same is dismissed at admission stage itself. Appeal dismissed.
O R







Judgements of Similar Parties

17-07-2020 Pyare Lal Versus State of Haryana Supreme Court of India
29-06-2020 Mohan Lal Jain Versus Insolvency & Bankruptcy Board of India & Another High Court of Delhi
26-06-2020 Amrut Lal @ Amrit Lal Versus State of Chhattisgarh & Others High Court of Chhattisgarh
23-06-2020 Munna Lal Versus State of U.P. Thru. Addl. Chief Secy. Medical & Health Lko & Others High Court Of Judicature At Allahabad Lucknow Bench
23-06-2020 Bharat Sanchar Nigam Ltd., Through The General Manager & Another Versus Narendra Kumar Sharma National Consumer Disputes Redressal Commission NCDRC
19-06-2020 Vipin Kumar Choudhary Versus Makhan Lal Chaturvedi National University Of Journalism & Communication - Bhopal National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Jivan Lal Verma Versus Kishan Agrotek National Consumer Disputes Redressal Commission NCDRC
11-06-2020 Moti Lal @ Moti Lal Patwa Versus Union of India, Ministry of Finance through the Director, Enforcement Directorate, Delhi & Another High Court of Judicature at Patna
03-06-2020 Latelraj Suryawanshi (Latelram Suryawanshi wrongly mentioned in the impugned judgment) Versus Hori Lal Tamboli & Another High Court of Chhattisgarh
21-05-2020 Aravapalli Krishna Murthy Versus Syed Lal Saheb Died & Others High Court of Andhra Pradesh
20-05-2020 Diwari Lal & Others Versus State of U.P. High Court of Judicature at Allahabad
14-05-2020 Meena Sharma Versus Nand Lal & Another High Court of Delhi
08-05-2020 Mohan Lal Versus State of NCT of Delhi Supreme Court of India
06-05-2020 CLP India Private Limited Versus Gujarat Urja Vikas Nigam Ltd. & Another Supreme Court of India
01-05-2020 Rashtriya Ispat Nigam Ltd. Versus Space Tech Equipments & Structurals Private Limited High Court of Andhra Pradesh
30-04-2020 Jagdish Lal Versus State of Himachal Pradesh High Court of Himachal Pradesh
20-04-2020 Babu Lal Versus State (N.C.T. of Delhi) High Court of Delhi
24-03-2020 Babu Lal & Others Versus Para Devi & Others High Court of Rajasthan Jaipur Bench
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
17-03-2020 The Joint Labour Commissioner and Registering Officer & Another Versus Kesar Lal Supreme Court of India
11-03-2020 Ram Dulari & Another Versus Ram Lal & Another High Court of Himachal Pradesh
28-02-2020 Nagar Nigam & Another Versus District Consumer Forum I, Lucknow & Another High Court Of Judicature At Allahabad Lucknow Bench
27-02-2020 Manohar Lal Versus State Of Himachal Pradesh High Court of Himachal Pradesh
26-02-2020 M/s. Kiran Cold Storage Pvt. Ltd. Through Director Manohar Lal Ahuja, Uttar Pradesh Versus Yashpal National Consumer Disputes Redressal Commission NCDRC
26-02-2020 Uttar Haryana Bijli Vitran Nigam Ltd Versus M/s P.M. Electronics Ltd High Court of Judicature at Allahabad
24-02-2020 Neelachal Ispat Nigam Limited & Another Versus State of Orissa & Others High Court of Orissa
20-02-2020 Bharat Sanchar Nigam Limited, Represented by its Managing Director, Bharat Sanchar Bhavan, New Delhi & Another Versus Shyamal Kanti Deb Tripura State Consumer Disputes Redressal Commission Agartala
18-02-2020 Bharat Sanchar Nigam Limited A Government of India Enterprises, Delhi & Others Versus Gopal Prasad Jaiswal High Court of Chhattisgarh
18-02-2020 Dr. Hira Lal Versus State of Bihar & Others Supreme Court of India
18-02-2020 Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited & Another Versus Rahamatullah Khan Alias Rahamjulla Supreme Court of India
18-02-2020 M/s. Girdhari Lal Constructions (P) Ltd. Dwaraka, New Delhi, Registered Office Bhatinda, Punjab, Represented by Its Director, Vikas Mehta Versus Union of India, Represented by Its Secretary, Ministry of Housing & Urban Affairs, New Delhi & Others High Court of Kerala
14-02-2020 New India Assurance Company Ltd. Through Its Duly Constituted Attorney, Manager, Delhi Versus Chaman Lal National Consumer Disputes Redressal Commission NCDRC
14-02-2020 M/s. Fine Automotive & Industrial Radiators Pvt. Ltd., Represented by its Managing Director Versus Bharath Sanchar Nigam Ltd., Represented by its Principal General Manager, Puducherry & Another High Court of Judicature at Madras
13-02-2020 Vikas Panchayat, Gram Boheda Through Sarpanch, Rajasthan Versus Badri Lal & Others National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Ashok Alias Gore Lal Veruss State of U.P. High Court of Judicature at Allahabad
12-02-2020 BVSR-KVR (Joint Ventures) Versus Rail Vikas Nigam Ltd. High Court of Delhi
11-02-2020 Bharath Sanchar Nigam Limited, Narakal, Represented by Its Divisional Engineer (Internal) Parur, P. Amanulla Versus The Secretary, Narakal Grama Panchayat & Another High Court of Kerala
11-02-2020 Kanhaiya Lal Versus Lala Ram & Others High Court of Judicature at Allahabad
10-02-2020 Mili Nigam Versus Kalanidhi Naithani, S S P Lucknow & Others High Court Of Judicature At Allahabad Lucknow Bench
06-02-2020 Heera Lal Versus State High Court of Rajasthan
05-02-2020 Chhotey Lal @ Chottu Versus State High Court of Delhi
29-01-2020 Karnveer Singh Versus Panji Lal Damor High Court of Rajasthan Jodhpur Bench
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-01-2020 M/s. Urban Umbrella Development And Management Company Through Its Proprietor/Authorized Signatory, Punjab V/S Pawan Lal & Others National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Lal Mohammed Versus State (Nct of Delhi) High Court of Delhi
24-01-2020 Chuni Lal Versus Munshi Ram & Another Supreme Court of India
23-01-2020 Bajrang Lal Sharma Versus C.K. Mathew & Others Supreme Court of India
23-01-2020 M/s. Sheetla Granite Daharra Kabrai Versus Dakshinanchal Vidhut Vitran Nigam Ltd. National Consumer Disputes Redressal Commission NCDRC
21-01-2020 Chanabasappa Versus Karnataka Neeravari Nigam Ltd. & Another Supreme Court of India
21-01-2020 Kishan Lal Chadha @ Krishan Lal Chadha (Deceased) Versus Anup Chadha High Court of Judicature at Calcutta
21-01-2020 Kanti Bijlee Utpadan Nigam Ltd. Versus GSCO Infrastructure (P) Ltd. High Court of Delhi
17-01-2020 Oriental Insurance Company Ltd, Orissa Versus Achhey Lal High Court of Chhattisgarh
16-01-2020 Rattan Lal Bharadwaj Versus Magma Financial Corporation Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
10-01-2020 Neelam Nigam Versus State of U.P. Thru Secy. Panchayati Raj Lko. & Others High Court of Judicature at Allahabad
09-01-2020 Jodhpur Vidyut Vitran Nigam Ltd. Through The Assistant Engineer, District-Sri Ganga Nagar Rajasthan Versus Ravi Kant National Consumer Disputes Redressal Commission NCDRC
08-01-2020 Shyam Lal Jayaswal Versus Branch Manager, Oriental Insurance Company Limited & Another Supreme Court of India
06-01-2020 Udhav Lal Versus State of Chhattisgarh, Through- Police Station Sarangarh High Court of Chhattisgarh
03-01-2020 State Bank of India V/S Nand Lal Sokhal and Others. Debts Recovery Tribunal Jaipur
02-01-2020 Manori Lal & Another Versus State of U.P. & Others High Court of Judicature at Allahabad
11-12-2019 Sterlite Technologies Limited Rep by Chief Manager K. Sundar & Another Versus Bharat Sanchar Nigam Limited, Rep by Managing Director, Harish Chandra Mathur Lane, Janpath, New Delhi & Others High Court of Judicature at Madras
06-12-2019 Manik Lal Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-12-2019 State of Punjab Versus Kashmiri Lal @ Sheera High Court of Punjab and Haryana
04-12-2019 Hindustan Zinc Limited (H.Z.L.) Versus Ajmer Vidyut Vitran Nigam Limited Supreme Court of India
29-11-2019 Chumman Lal Sahu & Another Versus Gopal Ji Singh & Others High Court of Chhattisgarh
27-11-2019 M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited Versus Northern Coal Field Limited Supreme Court of India
21-11-2019 Sham Lal Chabba Versus Om Prakash & Others High Court of Himachal Pradesh
20-11-2019 Chaitu Lal Versus State of Uttarakhand Supreme Court of India
15-11-2019 The Management of M/s. Birla Te Versus Chunni Lal High Court of Delhi
15-11-2019 Municipal Corpn. Of Greater Mumbai (MCGM) Versus Abhilash Lal & Others Supreme Court of India
13-11-2019 Montu Lal Das Gupta V/S The Union of India, Represented by the Secretary, to the Government of India, Ministry of Health, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
11-11-2019 The State of Maharashtra Versus Mohammed Ibrahim Lal Mohammed & Another High Court of Judicature at Bombay
08-11-2019 Avijit Mitra & Others Versus Shankar Lal Roy High Court of Judicature at Calcutta
08-11-2019 Parvati Mohta Through Legal Representatives Versus Mohan Lal Sukhadia University High Court of Rajasthan Jodhpur Bench
07-11-2019 Malay Majumder, West Tripura Versus The Bharat Sanchar Nigam Limited, Represented by the Chairman & Managing Director, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-11-2019 Heera Lal Versus State of Rajasthan, Through PP High Court of Rajasthan Jaipur Bench
04-11-2019 Shyambai Versus Shankar Lal National Consumer Disputes Redressal Commission NCDRC
25-10-2019 Joint Labour Commissioner & Registering Officer & Another Versus Kesar Lal National Consumer Disputes Redressal Commission NCDRC
23-10-2019 Indore Development Authority Versus Manohar Lal & Others Supreme Court of India
22-10-2019 Pratap Lal Teli Versus The State of Maharashtra, through the Public Prosecutor, Home Department, Government of Maharashtra & Others High Court of Judicature at Bombay
19-10-2019 Hori Lal & Another Versus State of Uttar Pradesh High Court of Judicature at Allahabad
18-10-2019 Jawahar Lal Jaiswal Versus State of U.P. & Others High Court of Judicature at Allahabad
18-10-2019 Gopi Lal Sahu Versus State of Chhattisgarh & Others High Court of Chhattisgarh
17-10-2019 Mahanagar Telephone Nigam Ltd. Versus Canara Bank & Others Supreme Court of India
09-10-2019 Roshan Lal Versus Delhi Jal Board High Court of Delhi
04-10-2019 Ravi Setia Versus Madan Lal & Others Supreme Court of India
01-10-2019 Arjunsinh Rameshbhai Solanki Versus The Sardar Sarovar Narmada Nigam Ltd. High Court of Gujarat At Ahmedabad
26-09-2019 Commissioner of Income Tax Exemption U.P State Cons. & Infra. Versus M/s. Reham Foundation Kandhari Lane Lal Bagh, Lucknow High Court Of Judicature At Allahabad Lucknow Bench
25-09-2019 Rakesh Goel Versus Hira Lal ( Now Deceased) & Another High Court of Delhi
24-09-2019 Sri Ananta Prasad Sahu @ Sri Ananta Lal Sahu Versus Sri Gopal Sahu @ Sri Golao Lal Sahu High Court of Gauhati
18-09-2019 National Insurance Co. Ltd. Versus Rameshwar Lal & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2019 Anshuman Dubey & Another Versus Jawahar Lal Nehru University & Others High Court of Delhi
16-09-2019 Vinod Madan Lal Nawandhar Versus Vidisha Garg & Others High Court of Delhi
13-09-2019 Babu Radhakrishnan Versus The Chairman and Managing Director, Bharat Sanchar Nigam Limited, New Delhi & Others High Court of Judicature at Madras
11-09-2019 Ami Lal Versus Commandant, 52nd Battalion, Central Reserve Police Force, Manipur & Another High Court of Orissa
11-09-2019 Dr. K.T. Mate, Manipur & Others Versus The Bharat Sanchar Nigam Limited, Represented by the Chief General Manager, BSNL, Nagaland & Others Central Administrative Tribunal Guwahati Bench Guwahati
09-09-2019 Malkit Kaur Versus Joginder Lal Khurana High Court of Punjab and Haryana
06-09-2019 Chaman Lal Mittal Versus Kamini Sharma High Court of Delhi
05-09-2019 Laxman Lal Latta Versus Kamlesh Parmar & Others High Court of Rajasthan
05-09-2019 S. Sreenivasababu Versus Chairman & Managing Director, Bharat Sanchar Nigam Ltd., New Delhi & Others Central Administrative Tribunal Bangalore Bench
05-09-2019 Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Ltd. & Another Versus Raj Kumar & Others National Consumer Disputes Redressal Commission NCDRC