Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2007

Supreme Court of India · 2007-09-17

BOODIREDDY CHANDRAIAH vs ARIGELA LAXMI

Citation / case number
SC 2004/23832
Court
Supreme Court of India
Petitioner
BOODIREDDY CHANDRAIAH
Respondent
ARIGELA LAXMI
Author
ARIJIT PASAYAT
Bench
D.K. JAIN DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that under Section 100 of the Code of Civil Procedure, 1908, a second appeal can only be maintained if a substantial question of law is formulated and stated in the memorandum of appeal. The Court emphasized that the High Court must ensure the existence of such a question before proceeding with the appeal, and cannot decide on mere equitable grounds. The judgment of the Andhra Pradesh High Court was set aside as it failed to adhere to these procedural requirements, reinforcing the necessity of distinguishing between questions of law and substantial questions of law.

BOODIREDDY CHANDRAIAH vs ARIGELA LAXMI · Niyam