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july 2006

Supreme Court of India · 2006-07-25

C.A.SULAIMAN vs STATE BANK OF TRAVANCORE, ALWAYEE

Citation / case number
SC 1998/3345
Court
Supreme Court of India
Petitioner
C.A.SULAIMAN
Respondent
STATE BANK OF TRAVANCORE, ALWAYEE
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Kerala High Court erred in allowing Second Appeals without formulating substantial questions of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the High Court's jurisdiction under Section 100 is confined to appeals involving substantial questions of law and cannot reverse lower court judgments without such formulation. Consequently, the Supreme Court set aside the High Court's judgment, reinforcing the necessity of adhering to procedural requirements in civil appeals.

C.A.SULAIMAN vs STATE BANK OF TRAVANCORE, ALWAYEE · Niyam