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august 1981

Supreme Court of India · 1981-08-10

SHAH BABULAL KHIMJI vs JAYABEN D. KANIA AND ANR.

Citation / case number
SC 1981/63718
Court
Supreme Court of India
Petitioner
SHAH BABULAL KHIMJI
Respondent
JAYABEN D. KANIA AND ANR.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that an order refusing to appoint a receiver or grant an ad-interim injunction constitutes a 'judgment' under clause 15 of the Letters Patent, as it possesses the quality of finality. The Court clarified that Section 104 read with Order 43 Rule 1 of the Code of Civil Procedure is applicable to internal appeals in the High Court and does not conflict with the Letters Patent. Consequently, the appeal was allowed, and the Division Bench's dismissal of the appeal without merits was deemed erroneous.

SHAH BABULAL KHIMJI vs JAYABEN D. KANIA AND ANR. · Niyam