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october 2015

Supreme Court of India · 2015-10-27

ASHOK RANGNATH MAGAR vs SHRIKANT GOVINDRAO SANGVIKAR AND

Citation / case number
SC 2014/23476
Court
Supreme Court of India
Petitioner
ASHOK RANGNATH MAGAR
Respondent
SHRIKANT GOVINDRAO SANGVIKAR AND
Author
C. NAGAPPAN M.Y. EQBAL
Bench
C. NAGAPPAN M.Y. EQBAL

Judgment text excerpt

The Supreme Court held that the Bombay High Court erred in reversing the trial court's judgment without formulating a substantial question of law as mandated by Section 100 CPC. The Court emphasized that the exercise of jurisdiction under Section 100 requires the identification of a substantial question of law, and failure to do so renders the High Court's judgment patently illegal. Consequently, the Supreme Court remitted the matter back to the High Court for a fresh decision on the second appeal.

ASHOK RANGNATH MAGAR vs SHRIKANT GOVINDRAO SANGVIKAR AND · Niyam