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february 2008

Supreme Court of India · 2008-02-06

SEBA BANERJEE vs NIRMALA DAS @ NIRMALA BALA DAS(D) .

Citation / case number
SC 2000/19512
Court
Supreme Court of India
Petitioner
SEBA BANERJEE
Respondent
NIRMALA DAS @ NIRMALA BALA DAS(D) .
Bench
H.K. SEMA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the concurrent findings of fact by the trial court and the first appellate court regarding the plaintiffs' claim for easementary rights. The Court emphasized that the High Court should not have re-appreciated evidence in a second appeal without framing a substantial question of law, as per established legal principles. Consequently, the Supreme Court set aside the High Court's decree and restored the decisions of the lower courts, allowing the appeals without costs.

SEBA BANERJEE vs NIRMALA DAS @ NIRMALA BALA DAS(D) . · Niyam