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october 2004

Supreme Court of India · 2004-10-07

P.S. Sathappan (Dead) By Lrs vs Andhra Bank Ltd. & Ors

Court
Supreme Court of India
Petitioner
P.S. Sathappan (Dead) By Lrs
Respondent
Andhra Bank Ltd. & Ors
Author
S.B. Sinha
Bench
N. Santosh Hegde, S. N. Variava, B. P. Singh, H. K. Sema, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 104 of the Code of Civil Procedure and Clause 15 of the Letters Patent of the Madras High Court. The Court noted a conflict between prior judgments, specifically between New Kenilworth Hotel (P) Ltd. vs. Orissa State Finance Corporation and Resham Singh Pyara Singh vs. Abdul Sattar, and the Constitution Bench decision in Gulab Bai and Another vs. Puniya. The Court held that the matter requires clarification and referred it to a larger bench due to the ambiguity in the applicability of Clause 15 in relation to appellate jurisdiction.

P.S. Sathappan (Dead) By Lrs vs Andhra Bank Ltd. & Ors · Niyam