HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]
8 years ago

HC Has No Jurisdiction To Decide On Second Appeal On An Unframed Question Of Law: SC [Read Judgment]

Live Law  

Setting aside a high court judgment, which suo moto applied a provision of law while deciding a second appeal, the Supreme Court has reiterated that the high court has no jurisdiction to decide on a second appeal on a question which is not framed as required under Section 100 of the Code of Civil Procedure.In the instant case, the high court had applied Section 15 of the Hindu. Setting aside a high court judgment, which suo moto applied a provision of law while deciding a second appeal, the Supreme Court has reiterated that the high court has no jurisdiction to decide on a second appeal on a question which is not framed as required under Section 100 of the Code of Civil Procedure. In the instant case, the high court had applied Section 15 of the Hindu Succession Act for allowing the plaintiffs’ second appeal by treating them to be Class I heirs from father’s side and had also partly decreed the plaintiffs’ suit in part by granting 1/3rd share to each plaintiff in the suit property. It was, in our view, a jurisdictional error committed by the High Court while deciding the second appeal,” the court said while setting aside the judgment.

Appeal Court High Second Question Second Appeal No Jurisdiction  sc  law  question  unframed  hc  high  suit  plaintiffs  applied  jurisdiction  read  second  decide  court  appeal  judgment

History of this topic

Supreme Court Monthly Digest- January 2025
1 month, 1 week ago

Supreme Court Monthly Digest- January 2025

Live Law  

Adalat Refund court fees - The petitioner sought a refund of court fees paid in the trial court, first appellate court, and second appellate court after the High Court decided the second appeal based on an amicable settlement between the parties. Jage Ram v. Ved Kaur, 2025 LiveLaw 138 Aircraft Act, 1934 Section 12B - Investigation by Local Police - …

Supreme Court Takes Suo Motu Case Over Lokpal Decision That It Entertain Complaint Against High Court Judge
1 month, 1 week ago

Supreme Court Takes Suo Motu Case Over Lokpal Decision That It Entertain Complaint Against High Court Judge

Live Law  

The Supreme Court has initiated a suo motu case over a Lokpal decision that it can exercise jurisdiction over High Court Judges.A Special Bench comprising Justice BR Gavai, Justice Surya Kant and Justice Abhay S Oka will hear the suo motu case tomorrow.In the order passed on January 27, the Lok Pal, headed by. The Supreme Court has initiated a …

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations
2 months, 1 week ago

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

The High Court passed an interim order in a second appeal without framing a substantial question of law. c. The High Court erred by passing an interim order without framing a substantial question of law, violating Section 100, which bars second appeals without such a question d. Both and Answer: Option Case Title: U. SUDHEERA & OTHERS VERSUS C. YASHODA …

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court
3 months, 3 weeks ago

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case. The court in the impugned order held that as per the law laid down …

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
3 months, 4 weeks ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

Appellate Court Can Examine Existence Of Jurisdictional Fact Despite Trial Court's Omission To Frame Issue On Maintainability Of Suit : Supreme Court
4 months, 1 week ago

Appellate Court Can Examine Existence Of Jurisdictional Fact Despite Trial Court's Omission To Frame Issue On Maintainability Of Suit : Supreme Court

Live Law  

The Supreme Court has clarified that a higher court is not barred from examining the existence of jurisdictional fact merely because the trial court did not frame an issue regarding maintainability, provided no new facts/evidence are required at the appellate stage.To this end, the Court clarified the judgments in A. Kanthamani v. Nasreen Ahmed 4 SCC 654 and I.S. Sikandar …

Indian Courts Are Not Bound By Foreign Insolvency Judgments From Non-Reciprocating Countries: Calcutta High Court
9 months ago

Indian Courts Are Not Bound By Foreign Insolvency Judgments From Non-Reciprocating Countries: Calcutta High Court

Live Law  

The Calcutta High Court single judge bench of Justice Shampa Sarkar held that without a comprehensive cross-border insolvency framework, Indian courts do not recognize or enforce moratorium orders from non-reciprocating countries, such as the U.S., and thus are not obligated to stay ongoing suits due to such foreign proceedings. The trial judge rejected the Petitioner's application by holding that the …

Supreme Court Concludes The Question Of Jurisdiction Under Section 29A Of The Arbitration And Conciliation Act, 1996
10 months, 1 week ago

Supreme Court Concludes The Question Of Jurisdiction Under Section 29A Of The Arbitration And Conciliation Act, 1996

Live Law  

The Supreme Court has recently settled the question as to which 'Court' possesses the jurisdiction to determine and decide an application under Section 29A of the Arbitration and Conciliation Act, 1996. In the CE, PWD judgment, the Petitioner challenged an order of the High Court of Meghalaya, which held that the power to extend the mandate of an arbitral tribunal …

S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC
11 months, 3 weeks ago

S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC

Live Law  

While elaborating the difference between 'appeal' and 'revision', the Allahabad High Court has held that in exercise of its revisional jurisdiction, the High court must uphold the sanctity of judgments and orders and intervene only when there are compelling reasons to do so. and others where the Allahabad High Court held that exercise of appellate jurisdiction involves both appreciation of …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal
1 year, 1 month ago

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

Live Law  

The Andhra Pradesh High Court has dismissed a second appeal filed holding that the parties cannot blow 'hot and cold' and cannot be permitted to 'approbate or reprobate' at the same time. The order was passed by Justice B.V.L.N Chakravarthi in a second appeal filed by the defendants in a suit for partition by taking a contradictory stand to their …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 2 months ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 5 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court
1 year, 8 months ago

Substantial Questions Of Law Not Required To Be Formulated In Second Appeals Arising Out Of States Of Punjab & Haryana : Supreme Court

Live Law  

The Supreme Court observed, that in second appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial questions of law as per section 100 of the Code of Civil Procedure.The bench of Justices Abhay S. Oka and Sanjay Karol observed that the restraint in interfering with questions of fact under …

HC Can Transfer Civil Cases from One State to Another if it is Common for Both States: SC
2 years, 1 month ago

HC Can Transfer Civil Cases from One State to Another if it is Common for Both States: SC

News 18  

In a significant verdict, the Supreme Court Tuesday held that a high court can transfer a civil lawsuit from one state to another if it is common and has jurisdiction over both the states. A bench comprising Justices Hrishikesh Roy and Dipankar Datta referred to relevant provisions of the CPC and ruled that the apex court is the sole authority …

Existence Of An Alternate Remedy Cannot Exclude Writ Jurisdiction Of High Court : Supreme Court
2 years, 3 months ago

Existence Of An Alternate Remedy Cannot Exclude Writ Jurisdiction Of High Court : Supreme Court

Live Law  

The Supreme Court reiterated that the existence of an alternate remedy by itself cannot exclude the writ jurisdiction of the High Court. "A constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cannot be a case of lack of inherent jurisdiction. An alternate remedy by itself does not divest the …

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court
2 years, 7 months ago

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that if the first appeal is dismissed by the first appellate authority solely upon rejection of the application for condonation of delay in filing the same, the jurisdiction of the second appellate authority would be confined to determining if the delay in filing the appeal before the first appellate authority should …

Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains
2 years, 8 months ago

Scope Of Interference In Criminal Appeal By Special Leave Under Article 136 Of Constitution : Supreme Court Explains

Live Law  

In a judgment dismissing a criminal appeal, the Supreme Court explained the scope of criminal appeals by special leave under Article 136 of the Constitution of India.The power under Article 136 is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice, the court said. Referring to …

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court
3 years, 1 month ago

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court

Live Law  

The Supreme Court observed that the plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was denied by the trial court and he had not challenged the same by way of appeal.The bench comprising Justices L. Nageswara Rao and B R Gavai observed that in a suit for partition, the position …

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court
3 years, 1 month ago

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

Live Law  

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High …

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines
3 years, 2 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law  

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years, 2 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court
3 years, 4 months ago

Jurisdiction Of High Court Hearing An Arbitration Appeal Is Distinct From That Of First Appellate Court In A Civil Suit: Supreme Court

Live Law  

The Supreme Court observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the High Court under Section 37 of the Arbitration and Conciliation Act arising from the disposal of a petition challenging an arbitral award.In this case, the arbitrator rejected the claims made by a party. …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 4 months ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

Requirement To Frame Substantial Question Of Law In Second Appeal Not A Mere Formality, But Meant To Be Adhered To: Supreme Court
3 years, 6 months ago

Requirement To Frame Substantial Question Of Law In Second Appeal Not A Mere Formality, But Meant To Be Adhered To: Supreme Court

Live Law  

The Supreme Court observed that the requirement to frame substantial question of law in a second appeal is not a mere formality, but is meant to be adhered to.The limitation on the exercise of power by the High Court in the Second Appeal interfering with the judgment of the First Appellate Court is premised on high public policy, the bench …

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court
3 years, 6 months ago

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court

Live Law  

The Supreme Court observed that High Courts are empowered to exercise limited factual review under Section 103 of the Code of Civil Procedure.The bench of Justices L. Nageswara Rao and S. Ravindra Bhat observed that the rule that sans a substantial question of law, the High Courts cannot interfere with findings of the lower Court or concurrent findings of fact, …

Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court
3 years, 7 months ago

Quashing Of FIR- Detailed Enquiry On Merits Not Warranted U/s 482 CrPC, Reiterates Supreme Court

Live Law  

The Supreme court reiterated that a detailed enquiry into the merits of the allegations is not warranted while exercising jurisdiction under Section 482 of the Criminal Procedure Code.The bench comprising Justices DY Chandrachud and MR Shah observed that while exercising jurisdiction under Section 482 of the Criminal Procedure Code, the High Court ought not to be scrutinizing the material in. …

Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court
3 years, 7 months ago

Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court

Live Law  

A second appeal, after its admission with formulation of substantial question of law, cannot be disposed of summarily, the Supreme Court observed in an order passed last week.The bench of Justices Vineet Saran and Dinesh Maheshwari observed that once a second appeal is admitted, on the High Court being satisfied that a substantial question of law is involved in the …

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court
3 years, 11 months ago

High Court Shall Apply Its Mind To The Entirety Of The Case While Deciding A Criminal Appeal, Reiterates Supreme Court

Live Law  

While deciding a criminal appeal on merits, the High Court is required to apply its mind to the entirety of the case including the evidence on the record before arriving at its conclusion, the Supreme Court reiterated.The bench of Justices DY Chandrachud and MR Shah observed thus while allowing an appeal against an Allahabad High Court judgment which reversed the …

Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court
4 years ago

Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that, the judgment of the First Appellate Court should not be interfered with by the High Court in exercise of its jurisdiction under Section 100 of the Code of Civil Procedure, unless there is a substantial question of law.The First Appellate Court is the final Court on facts. The Supreme Court reiterated that, the judgment of …

[Domestic Arbitrations] Settled That When Party Does Not Objection To Court's Territorial Jurisdiction, It Is Deemed As Waived: Bombay High Court
4 years ago

[Domestic Arbitrations] Settled That When Party Does Not Objection To Court's Territorial Jurisdiction, It Is Deemed As Waived: Bombay High Court

Live Law  

The Bombay High Court on March 9, 2021 pronounced judgment on whether a person could raise objection to territorial jurisdiction of a Court under Section 42 of the Arbitration Act, 1996 at subsequent stages of proceedings, after initially submitting to litigation. Answering in the negative, Justice BP Colabawalla stated, ".it is now well settled that when an objection to the …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
4 years, 2 months ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

Supreme Court Weekly Round Up
4 years, 4 months ago

Supreme Court Weekly Round Up

Live Law  

Siddique Kappan Was Using 'Garb Of Journalism' To Disturb Law & Order In Hathras: UP Govt Tells SC The State of Uttar Pradesh has submitted before Supreme Court that Journalist Siddique Kappan has no locus to approach the Top Court under an Article 32 petition, since he is not in an illegal custody/confinement but is in. Siddique Kappan Was Using …

High Court Not Required To Frame Substantial Question Of Law While Dismissing Second Appeal: Supreme Court
4 years, 4 months ago

High Court Not Required To Frame Substantial Question Of Law While Dismissing Second Appeal: Supreme Court

Live Law  

The Supreme Court has observed that a High Court is not required to frame substantial question of law while dismissing a second appeal.The formulation of substantial question of law or reformulation of the same arises only if there are some questions of law and not in the absence of any substantial question of law, the bench comprising Justices L. Nageswara …

Substantial Question Of Law & Second Appeal Jurisdiction: SC Summarizes Principles Relating To Section 100 CPC [Read Judgment]
4 years, 7 months ago

Substantial Question Of Law & Second Appeal Jurisdiction: SC Summarizes Principles Relating To Section 100 CPC [Read Judgment]

Live Law  

High Court cannot also allow a second appeal, without discussing the question of law, the Supreme Court observed in a judgment delivered on Thursday.In this case, plaintiff filed a suit seeking declaration of title to the suit property and recovery of possession of the suit property from the Defendant. High Court cannot also allow a second appeal, without discussing the …

HC Cannot Allow Second Appeal Without Formulating Substantial Question Of Law, Reiterates SC [Read Order]
4 years, 8 months ago

HC Cannot Allow Second Appeal Without Formulating Substantial Question Of Law, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that a High Court cannot allow Second Appeal without having formulated a substantial question of law.A mere mention about the question having been formulated in the memorandum of appeal is not enough, said the bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna while setting aside a Kerala High Court judgment.While considering an. The …

HC Cannot Convert Itself Into Court Of Appeal While Considering Petitions Under Article 227: SC [Read Judgment]
4 years, 9 months ago

HC Cannot Convert Itself Into Court Of Appeal While Considering Petitions Under Article 227: SC [Read Judgment]

Live Law  

The Supreme Court reiterated that while hearing a petition under Article 227 of the Constitution of India, a High Court cannot convert itself into a court of appeal. The High Court, allowing a petition under Article 227 of the Constitution filed by the Landlord, set aside the order of District Judge on the ground that the District Judge had committed …

HC Can Only Exercise Jurisdiction Over State Of Which It Is The High Court: SC [Read Judgment]
4 years, 11 months ago

HC Can Only Exercise Jurisdiction Over State Of Which It Is The High Court: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the jurisdiction of a High Court is limited to the territorial jurisdiction of the State of which it is the High Court. The bench of Justices Deepak Gupta and Aniruddha Bose were considering an appeal filed by the Union of India against a Madras High Court judgment in which it issued a direction which …

'Kerala Is An India Territory; Its Courts Are Bound By SC Judgments': SC Sets Aside Kerala HC Order In Church Case [Read Order]
5 years, 6 months ago

'Kerala Is An India Territory; Its Courts Are Bound By SC Judgments': SC Sets Aside Kerala HC Order In Church Case [Read Order]

Live Law  

The scathing oral observations made by Justice Arun Mishra while hearing an appeal against a Kerala High Court order in Malankara Church case, is seen reiterated in an order passed by the Supreme Court.The bench, also comprising of Justice MR Shah, observed that, in future, violation of the orders and judgments by Courts 'will be viewed seriously'. The scathing oral …

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]
5 years, 7 months ago

Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]

Live Law  

Can the Supreme Court interfere under Article 136 of the Constitution to quash the order of the High Court, merely on the ground of existence of an alternative remedy? A two judge bench comprising of Justice R. Banumathi and Justice Indira Banerjee recently delivered a split judgment on the issue.Disagreeing with Justice Banumathi's order setting aside a judgment of the …

Second Appeal Not To Be Dismissed Merely On The Ground Of 'Concurrent Findings': SC [Read Judgment]
5 years, 7 months ago

Second Appeal Not To Be Dismissed Merely On The Ground Of 'Concurrent Findings': SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a second appeal merely on the ground that that there is a concurrent finding of two Courts, and thus such finding becomes unassailable.In this case, the High Court dismissed a second appeal filed by the state on the ground that that since two. The Supreme Court has observed that …

SC Again Reminds High Courts About Limitations While Considering Second Appeals [Read Judgment]
6 years ago

SC Again Reminds High Courts About Limitations While Considering Second Appeals [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Wednesday, again reminded the High Courts about their limitations while considering a second appeal under Section 100 of the Code of Civil Procedure. While setting aside a Punjab and Haryana High Court order in a second appeal, the bench comprising Justice L. Nageswara Rao and Justice MR Shah said: "Despite the catena …

HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration [Read Order]
6 years, 1 month ago

HC Judgment Confirming Death Sentence Silent On The Question Of Conviction: SC Remits It For Fresh Consideration [Read Order]

Live Law  

The Supreme Court, last week, set aside an Allahabad High Court judgment that confirmed a death sentence without dealing with the issue as to whether the conviction recorded by the trial court was justified or not. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah, remitted the case to the High Court for fresh …

Executing Court Has No Jurisdiction To Decide Whether The Court Which Decreed The Suit Had Territorial Jurisdiction: SC [Read Judgment]
6 years, 2 months ago

Executing Court Has No Jurisdiction To Decide Whether The Court Which Decreed The Suit Had Territorial Jurisdiction: SC [Read Judgment]

Live Law  

The Supreme Court has observed that an executing court has no jurisdiction to decide whether the court which passed the decree had territorial jurisdiction. The bench in Sneh Lata Goel vs. Pushplata was considering an appeal against a Jharkhand High Court order that had set aside an executing court order which dismissed the objection as to territorial jurisdiction of the …

HCs Cannot Adjudicate Upon Affidavits Or Disputed Questions Of Fact Under Article 226: SC [Read Judgment]
6 years, 3 months ago

HCs Cannot Adjudicate Upon Affidavits Or Disputed Questions Of Fact Under Article 226: SC [Read Judgment]

Live Law  

The Supreme Court, on Wednesday, reiterated that high courts cannot adjudicate upon affidavits or disputed questions of fact while hearing petitions under Article 226 of the Constitution of India, except in the “rarest of cases”.A bench comprising Justice R. Banumathi and Justice Indira Banerjee asserted, “ It is well settled that proceedings under Article 226 of the Constitution. The Supreme …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 4 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]
6 years, 4 months ago

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

Live Law  

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. The Supreme Court has …

Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment Itself: SC [Read Judgment]
6 years, 10 months ago

Second Appeal- Additional ‘Substantial Questions Of Law’ Can Only Be Framed At The Time Of Hearing, Not In Judgment Itself: SC [Read Judgment]

Live Law  

First "such questions should arise in the appeal", second, "assign the reasons for framing the additional questions" and third, "frame the questions at the time of hearing the appeal", the bench said.The Supreme Court, in Vijay Arjun Bhagat vs. Nana Laxman Tapkire, while setting aside a high court judgment, observed that the high court can frame additional substantial questions of …

Supreme Court Weekly Round-Up
6 years, 10 months ago

Supreme Court Weekly Round-Up

Live Law  

No Court Can Extend Statutory Period To Prefer Election PetitionThe Supreme Court, in Reji Thomas vs. State of Kerala, observed that once the mechanism provided under the Statute provides for a time schedule for preferring an election petition, in the absence of a provision in the Statute for enlarging the time under any given circumstances, no court can extend the …

HC Can’t Act Like An Investigating Agency While Exercising Inherent Powers Under S.482 CrPC: SC [Read Judgment]
7 years, 2 months ago

HC Can’t Act Like An Investigating Agency While Exercising Inherent Powers Under S.482 CrPC: SC [Read Judgment]

Live Law  

The Supreme Court, in Dineshbhai Chandubhai Patel v State of Gujarat, has observed that the high court, while exercising inherent powers under Section 482 of the Criminal Procedure Code, in order to examine as to whether the factual contents of the FIR disclose any prima facie cognizable offence or not, cannot act like an investigating agency and nor can it …

Discover Related