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october 2004

Supreme Court of India · 2004-10-07

P.S. SATHAPPAN(DEAD) BY LRS. vs ANDHRA BANK LTD

Citation / case number
SC 1997/20468
Court
Supreme Court of India
Petitioner
P.S. SATHAPPAN(DEAD) BY LRS.
Respondent
ANDHRA BANK LTD
Author
S.B. SINHA N. SANTOSH HEGDE
Bench
S.B. SINHA N. SANTOSH HEGDE

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 104 of the Code of Civil Procedure in relation to Clause 15 of the Letters Patent of the Madras High Court. The Court held that an appeal against an order passed by the Appellate Court under Order XVIII Rule 1 read with Section 104 is not maintainable, affirming the Full Bench decision of the Madras High Court. The matter was referred to a Constitution Bench due to conflicting opinions in previous judgments, specifically between New Kenilworth Hotel (P) Ltd. vs. Orissa State Finance Corporation and Gulab Bai vs. Puniya.

P.S. SATHAPPAN(DEAD) BY LRS. vs ANDHRA BANK LTD · Niyam