TaxTMI 
TaxTMI 
2023 (7) TMI 1658
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....vil) No. 31322/ 2018, CIVIL APPEAL NO. 4176 OF 2023 (Arising out of Special Leave Petition (Civil) No. 31321/ 2018, CIVIL APPEAL NO. 4177 OF 2023 (Arising out of Special Leave Petition (Civil) No. 32192/ 2018 - -<br>Indian Laws<br>HON. KRISHNA MURARI AND HON. BELA M. TRIVEDI, JJ. For the Petitioner : Mr. Haraprasad Sahu, Adv. Mr. Sanjay Kumar Mishra, Adv. Mr. Pranaya Kumar Mohapatra, AOR For the Respondent : Mr. Ravindra Kumar, Sr. Adv. Mr. Binay Kumar Das, AOR Ms. Neha Das, Adv. JUDGMENT KRISHNA MURARI, J. Delay condoned. 2. Leave granted. 3. The present Appeals are directed against the impugned order and judgment dated 05.01.2017 passed by the High Court of Allahabad at Allahabad (hereinafter referred to as "High Cour....
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....um per square yard with interest at the rate of 9% and 15% per annum, and an additional compensation at the rate of 12% per annum on the market value with effect from the date of transfer of possession. 7. As against this, the Respondent Greater Noida filed an appeal in the High Court, to which the appellants herein filed their cross appeals seeking a further enhancement. 8. Subsequently, the High Court, vide order and judgment dated 04.01.2017, confirmed the compensation determined by the Learned District Judge. It is the contention of the appellants herein that the High Court, while passing its judgment, did not consider the cross objections filed by them. 9. The Appellants, aggrieved by the fact that their cross objection for en....
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....t instance, is partly in favour of the respondent, but is also partly against the respondent, two remedies within Order 41 Rule 22 remain with the respondent, which are (i) To file their cross objections and, (ii) To support the decree in whole. A third remedy in law also exists, which is the right to file a cross appeal, which will also be discussed in brief. 15. In cases where the opposing party files a first appeal against part or whole of the original decree, and the respondent in the said first appeal, due to part or whole of the decree being in their favour, abstains from filing an appeal at the first instance, in such cases, to ensure that the respondent is also given a fair chance to be heard, he is given the right to file his cr....
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....ellants herein have been found in the said judgment. While the High Court has given a detailed analysis of all other issues raised in the appeal and the both the lower court orders, however, the cross objections in specific, finds no discussion, much less even a mention. 19. In the case of Santosh Hazari Vs. Purushottam Tiwari (Dead) by LRs. [(2001) 2 SC 407], this Court held that the court of appeal has a duty to apply its mind to all issues raised before it, and to discharge such duty, it must also record its findings against all such issues raised. For the sake of convenience, the relevant paragraph of the said judgment is being extracted herein: "The Appellate Court has jurisdiction to reverse or affirm the findings of the t....
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....erved as under: "....Admittedly, a cross-objection was filed by the appellant-landlord against the rejection by the first appellate court of the existence of one of the two grounds of eviction. However, while deciding the appeal of the respondent-tenant in his favour against the decision of the first appellate court on the other ground, the existance of the cross objection appears to have been missed by the High Court with the result that there is no decision given on the cross objection. The impugned judgment cannot, therefore, be sustained inter alia for this reason. We are also of the opinion that the question relating to existence of the ground of bona fide need which has been decided in favour of the tenant requires a fresh de....