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

january 2005

Supreme Court of India · 2005-01-10

COMMNR.,HINDU RELIGIOUS&CHARITABLE ENDMT vs P.SHANMUGAMA

Citation / case number
SC 1999/7680
Court
Supreme Court of India
Petitioner
COMMNR.,HINDU RELIGIOUS&CHARITABLE ENDMT
Respondent
P.SHANMUGAMA
Author
Srikrishna
Bench
SHIVARAJ V. PATIL & B.N. SRIKRISHNA

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the findings of the first appellate court without formulating a substantial question of law as required under Section 100 of the Code of Civil Procedure. The Court emphasized that a second appeal can only be entertained if it involves a substantial question of law, and the failure to adhere to this procedural requirement rendered the High Court's judgment unsustainable. Consequently, the Supreme Court set aside the High Court's decision and restored the first appellate court's dismissal of the suit.

COMMNR.,HINDU RELIGIOUS&CHARITABLE ENDMT vs P.SHANMUGAMA · Niyam