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

february 2008

Supreme Court of India · 2008-02-12

Bokka Subba Rao vs Kukkala Balakrishna & Ors

Court
Supreme Court of India
Petitioner
Bokka Subba Rao
Respondent
Kukkala Balakrishna & Ors
Author
Tarun Chatterjee
Bench
Tarun Chatterjee, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing a second appeal without formulating substantial questions of law as mandated by Section 100 of the Code of Civil Procedure. The Court emphasized that the formulation and consideration of such questions are prerequisites for the High Court's jurisdiction in second appeals. Consequently, the Court set aside the High Court's judgment and remitted the case for fresh consideration after proper formulation of substantial questions of law, ensuring a decision on merits thereafter.

Bokka Subba Rao vs Kukkala Balakrishna & Ors · Niyam