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september 2010

Supreme Court of India · 2010-09-24

B.V.NAGESH vs H.V.SREENIVASA MURTHY

Citation / case number
SC 2009/20154
Court
Supreme Court of India
Petitioner
B.V.NAGESH
Respondent
H.V.SREENIVASA MURTHY
Author
P. SATHASIVAM,B.S. CHAUHAN, , ,
Bench
P. SATHASIVAM,B.S. CHAUHAN, , ,

Judgment text excerpt

The Supreme Court held that the High Court failed to comply with the requirements of Order XLI Rule 31 of the CPC, which mandates that appellate judgments must state points for determination, decisions, and reasons for those decisions. The Court emphasized that the first appeal is a valuable right, and the appellate court must address all issues of law and fact with adequate reasoning. Consequently, the Supreme Court set aside the High Court's judgment and remanded the case for fresh disposal in accordance with law, urging expedited handling due to the prolonged pendency since 2003.

B.V.NAGESH vs H.V.SREENIVASA MURTHY · Niyam