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april 2006

Supreme Court of India · 2006-04-18

Gurdev Kaur & Ors vs Kaki & Ors

Citation / case number
AIR 2006 SUPREME COURT 1975
Court
Supreme Court of India
Petitioner
Gurdev Kaur & Ors
Respondent
Kaki & Ors
Bench
Ruma Pal, Dalveer Bhandari

Judgment text excerpt

The Supreme Court emphasized the need for judges to adhere strictly to the provisions of law, particularly regarding Section 100 C.P.C., which limits interference in second appeals to cases with substantial questions of law. The Court held that the Punjab & Haryana High Court's decision to set aside concurrent findings of fact was improper, as it did not align with the legislative intent behind Section 100 C.P.C. The appeal was allowed, restoring the status quo regarding the property mutation in favor of Bhagwan Kaur, the deceased's second wife, pending further proceedings.

Gurdev Kaur & Ors vs Kaki & Ors · Niyam