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march 2005

Supreme Court of India · 2005-03-16

Hari Shankar Rastogi vs Sham Manohar & Ors

Court
Supreme Court of India
Petitioner
Hari Shankar Rastogi
Respondent
Sham Manohar & Ors
Author
S. N. Variava
Bench
S. N. Variava, H. K. Sema

Judgment text excerpt

The Supreme Court held that cross-objections in an appeal are akin to an appeal itself and can be maintained even if the main appeal is withdrawn, as established in Superintending Engineer and Ors. vs. B. Subba Reddy (1999) 4 SCC 423. The Court clarified that the right to file cross-objections is a substantive right, similar to the right to appeal, and should not be dismissed merely because the main appeal is no longer active. The judgment of the High Court was overturned, allowing the cross-objections to be heard and determined.

Hari Shankar Rastogi vs Sham Manohar & Ors · Niyam