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february 2007

Supreme Court of India · 2007-02-27

B.C. SHIVASHANKARA vs B.R. NAGARAJ

Citation / case number
SC 1999/777
Court
Supreme Court of India
Petitioner
B.C. SHIVASHANKARA
Respondent
B.R. NAGARAJ
Author
ARIJIT PASAYAT
Bench
TARUN CHATTERJEE DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Karnataka High Court's judgment allowing a Second Appeal was unsustainable as it failed to formulate a substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The Court reiterated that the High Court's jurisdiction under Section 100 is limited to appeals involving substantial questions of law and cannot interfere with pure questions of fact. Consequently, the Supreme Court set aside the High Court's decision, emphasizing the necessity of adhering to procedural requirements in appellate jurisdiction.

B.C. SHIVASHANKARA vs B.R. NAGARAJ · Niyam