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march 2009

Supreme Court of India · 2009-03-23

Sarat Chand Mishra vs Kula Nand Ghadiwal & Ors

Court
Supreme Court of India
Petitioner
Sarat Chand Mishra
Respondent
Kula Nand Ghadiwal & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court's failure to adjudicate on substantial questions of law, which it had framed while admitting the second appeal, constituted a sufficient ground for setting aside the impugned orders. The Court emphasized the necessity for the High Court to decide the framed questions of law and remitted the matter back for proper adjudication. The appeals were allowed, and the orders of the High Court were set aside.

Sarat Chand Mishra vs Kula Nand Ghadiwal & Ors · Niyam