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Supreme Court of India

Kshitish Chandra Purkait v. Santosh Kumar Purkait

Neutral citation
Reported as [1997] SUPP. 1 S.C.R. 201
Bench Dr. A.S. Anand, S.P. Bharucha and K.S. Paripoornan JJ.
Decided 7 May 1997

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

28 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the judgment and decree of the High Court dated 30th November, 1982 are illegal and in excess of jurisdiction and so unsustainable and deserve to be set aside.

Judgment, page 11

From the headnote

Code of Civil Procedure, 1908: Section 100(5). Second appeal-Substantial question of law-New legal plea raised-Such a specific plea was neither taken in the courts below nor any precise issues framed in that behalf-High Court entertained the new plea and decided the case without following the mandatory provisions of S. JOG-Held: High Court should be ''satisfied" that the case involves a "substantial question of law"' and not a mere "question of law''-Reason for pennitting the substan- tial question of law to be raised should be "recorded''-Jt is the duty cast upon the High Court to fonnulate

Where later benches applied it

Of those, 3 relied on · 1 referred to · 24 mentioned

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