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.