Supreme Court of India

Lankeshwar Malakar and Ors. v. R. Deka and Ors.

Neutral citation
Reported as [2006] SUPP. 9 S.C.R. 895
Bench S.B. Sinha and Markandey Ka Tju JJ.
Decided 30 November 2006

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that the first Appellate Court should have recorded a findings on the basis of the materials on records.

Judgment, page 4

From the headnote

Code of Civil Procedure, 1908: s. 100-Second appeal-Substantial question of law-Before High Court contention raised that findings of first appellate court regarding certain suit properties were contrary to records-Held, High Court should have considered this question from correct perspective-Judgment of High Court set aside­ Matter remitted back to High Court for consideratirm afresh-It will be open to High Court to formulate fresh question(s) of law. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4813 of2000. From the Judgment and Order dated 21-8-1998 of the Gauhati High Court in S. . No.

Where later benches applied it

Of those, 1 referred to

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