Supreme Court of India

Hari Singh v. Kanhaiya Lal

Neutral citation

Reported as [1999] SUPP. 2 S.C.R. 216

Bench Ap. Misra and N. Santosh Hegde JJ.

Decided 7 September 1999

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons and the findings recorded by us, we find it to be a fit case to allow this appeal and set aside the judgment and order of the High Court dated 15th December, 1995 and uphold the decree passed in favour of the appellant by the two courts below.

Judgment, page 12

From the headnote

Code of Civil Procedure, 1908: Section 100-Second appeal-Substantial question of law-Existence of-Eviction-8uit for-Lower Courts decreed suit on grounds of default, sub-letting and nuisance-High Court, in second appeal, without framing a substantial question of law, set aside the concurrent findings of facts of the Lower Courts-Held: The jurisdiction of High Court in second appeal is limited by Legislature-Hence, challenge in second appeal has to be confined within limits under S. l 00-The purpose of amending S. l 00 by Amending Act of 1976 is based on public policy to bring finality to

Authorities it was built on

1997 Kshitish Chandra Purkait v. Santosh Kumar Purkait cited by 28
1997 Panchugopal Barua and Ors. v. Umesh Chandra Goswami and Ors. cited by 4

Where later benches applied it

2012 M/s. Dsr Steel (p) Ltd. v. State of Rajasthan & Ors. relied on
2022 The Tata Power Company Limited Transmission v. Maharashtra Electricity Regulatory Commission and Ors. referred to
2013 Joseph John Peter Sandy v. Veronica Thomas Rajkumar & Anr referred to

Of those, 1 relied on · 2 referred to

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