Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | the judg Code of Civil Procedure High Court without formulating substantial question of law allowed the apoeal and set aside the judgment passed by the trial court and the first ~ppellate court - High Court failed to notice mandate of s. 100 while deciding a second D appeal - Thus 1908 - s. 100 - Second appeal - High Court's Jurisdiction uls. 100 - Scope of - Held: Jurisdiction u/s. 100 is exercised by High Court only when it c is satisfied that there is a substantial question of law - On facts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Civil Procedure, 1908 - s. 100 - Second appeal- High Court's Jurisdiction uls. 100 - Scope of - Held:Jurisdiction u/s. 100 is exercised by High Court only when it is satisfied that there is a substantial question of law - Onfacts, High Court without formulating substantial question oflaw allowed the appeal and set aside the judgment passedby the trial court and the first appellate court - High Courtfailed to notice mandate of s. 100 while deciding a second appeal - Thus, the judgment passed by the High Court isset aside - Matter remitted back to the High Court to firstformulate substantial question of law and then decide thesecond appeal afresh. |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 806 |
Petitioner | Ashok Rangnth Nagar |
Respondent | Shrikant Govindrao Sangvikar |
SCR | [2015] 12 S.C.R. 931 |
Judgement Date | 2015-10-27 |
Case Number | 8909 |
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