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november 2024

Supreme Court of India · 2024-11-26

Shivaji vs Parwatibai

Citation / case number
2024 INSC 917
Court
Supreme Court of India
Petitioner
Shivaji
Respondent
Parwatibai
Author
B.R. Gavai
Bench
B.R. Gavai

Judgment text excerpt

The Supreme Court held that the second appeal was decided without notice to the appellant, violating principles of natural justice. The Court emphasized that the High Court's practice of framing questions of law during dictation without giving the appellant an opportunity to be heard is deprecated, referencing the case of Suresh Lataruji Ramteke v. Sau. Sumanbai Pandurang Petkar. Consequently, the impugned order was set aside, and the matter was remitted to the High Court for a fresh decision, with a request for expedited resolution within one year.

Shivaji vs Parwatibai · Niyam