Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2005

Supreme Court of India · 2005-12-14

Madan Lal And Anr. vs Bal Krishan And Ors.

Citation / case number
AIR 2006 SUPREME COURT 645
Court
Supreme Court of India
Petitioner
Madan Lal And Anr.
Respondent
Bal Krishan And Ors.
Author
Arijit Pasayat
Bench
Arijit Pasayat, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the Himachal Pradesh High Court's judgment in a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 was unsustainable as it failed to formulate a substantial question of law before reversing the findings of fact of the lower courts. The Court emphasized that under Section 100, it is essential for the High Court to identify and formulate a substantial question of law, and without this, the appeal cannot be maintained. Consequently, the Supreme Court set aside the High Court's decision, reinforcing the procedural requirement for substantial questions of law in second appeals.

Madan Lal And Anr. vs Bal Krishan And Ors. · Niyam