Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2019

Supreme Court of India · 2019-03-28

Susanta Dey vs Babli Majumdar

Citation / case number
AIR 2019 SUPREME COURT 1661
Court
Supreme Court of India
Petitioner
Susanta Dey
Respondent
Babli Majumdar
Author
Abhay Manohar Sapre
Bench
Dinesh Maheshwari, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing the revision under Section 138 of the Negotiable Instruments Act, 1881, by deciding the merits of the complaint instead of addressing the legality of the Appellate Court's remand order. The Court emphasized that the High Court should have either upheld the remand for fresh evidence or declared it illegal, but not adjudicated the complaint itself. Consequently, the Supreme Court set aside the High Court's order and remanded the case back to the Appellate Court for a fresh decision on merits.

Susanta Dey vs Babli Majumdar · Niyam