Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Special Leave |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950 : Article 136 - Scope and ambit of - Special Leave - Grant of - Discretion of Supreme Court - Continuance of - Held: Supreme Court's discretion at the stage of grant of Special Leave continues when the appeal is heard thereafter - This principle is applicable to all kinds of appeals - Even after SLP is admitted, the appellant must show exceptional and special circumstances to warrant interference - Therefore, Supreme Court may declare the law or point out the error of the lower court but still it may not interfere if special on fact circumstances are not shown and the justice of the case does not require interference or if the relief could be moulded in a different fashion - ln the circumstances of the case, the High Court erred in not framing a substantial question of law and in interfering on a pure question of fact - Such a course not permissible in law - However, in the peculiar circumstances not a fit case for interference under Art. 136 - The plaintiff could be adequately compensated by way of damages. Code of Civil Procedure, 1908: Section 100. Second appeal - Appellate court - Scope and powers of - Held : Appellate court must frame a substantial question of law when hearing second appeal - Further appellate court cannot interfere with a pure finding of fact when dealing with second appeals - However, appellate court is within its jurisdiction to point out factual errors in a judgment appealed against. Evidence Act, 1872: Sections 3 and 91. Document - Genuineness of - Factors affecting - Long gap of five and a half years between date of agreement for sale and execution of sale - deed - Also it was written on a small piece of paper with a revenue stamp affixed thereon and not on regular non-judicial stamp paper - Held: These circumstances are all relevant in considering the genuineness of the agreement. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 86 |
Petitioner | Therakhatoon (d) By Lrs. |
Respondent | Slambin Mohammad |
SCR | [1999] 1 S.C.R. 901 |
Judgement Date | 1999-02-26 |
Case Number | 4341 |
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