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march 2008

Supreme Court of India · 2008-03-03

Kashmir Singh vs Harnam Singh & Anr

Citation / case number
AIR 2008 SUPREME COURT 1749
Court
Supreme Court of India
Petitioner
Kashmir Singh
Respondent
Harnam Singh & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam, Aftab Alam

Judgment text excerpt

The Supreme Court held that under Section 100 of the Code of Civil Procedure, 1908, a High Court must formulate a substantial question of law before allowing a second appeal. The Court found that the Punjab and Haryana High Court failed to formulate such a question, rendering its judgment unsustainable. The appeal was allowed, and the High Court's decision was set aside, reaffirming that jurisdiction under Section 100 is limited to substantial questions of law and does not extend to pure questions of fact.

Kashmir Singh vs Harnam Singh & Anr · Niyam