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april 2011

Supreme Court of India · 2011-04-20

B.M.NARAYANA GOWDA vs SHANTHAMMA(D) BY LRS

Citation / case number
SC 2009/24683
Court
Supreme Court of India
Petitioner
B.M.NARAYANA GOWDA
Respondent
SHANTHAMMA(D) BY LRS
Author
DALVEER BHANDARI,DEEPAK VERMA, , ,
Bench
DALVEER BHANDARI,DEEPAK VERMA, , ,

Judgment text excerpt

The Supreme Court reiterated that in a first appeal, the High Court must comprehensively examine all questions of fact and law, as established in Sanjay Singh Rawat v. National Small Industries Corpn. Ltd. (2005) 12 SCC 146 and H.K.N. Swami v. Irshad Basith (2005) 10 SCC 243. The Court found that the High Court's summary dismissal of the appeal was unsatisfactory and lacked proper reasoning. Consequently, the Court set aside the High Court's order and remanded the case for fresh consideration, directing the parties to maintain status quo until the appeal is resolved.

B.M.NARAYANA GOWDA vs SHANTHAMMA(D) BY LRS · Niyam