Supreme Court of India

Smt. Bachahan Devi & Anr. v. Nagar Nigam, Gorakhpur & Anr.

Neutral citation

Reported as [2008] 2 S.C.R. 424

Bench Arijit Pasayat J.

Decided 5 February 2008

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.

9 Supreme Court benches have cited this judgment.

From the headnote

Code of Civil Procedure, 1908: Or. 41, r.25 - Power of appellate court to frame issues and refer the same to trial court for trial or such issues and findings thereon - HELD: Provision comes into operation when appellate court comes to a conclusion that the court from whose decree appeal is preferred has omitted to frame or try any issues or to determine any question of fact which appears to appellate court essential for decision of suit on merits - Once the appellate court comes to such a conclusion, it may, if necessary, frame issues and refer the same to trial court - But there is no

Authorities it was built on

1951 Commissioner of Police, Bombay v. Gordhandas Bhanji cited by 51
1975 Pasupuleti Venkateswarlu v. The Motor & General Traders cited by 36
1974 Gogula Gurumurthy & Ors v. Kurimeti Ayyappa cited by 2
1997 Commissioner of Income Tax v. M/s. Alcock Ashdown and Co. Ltd. Etc cited by 2

Where later benches applied it

2022 The State of Jammu & Kashmir (now U.T. of Jammu & Kashmir) & Ors. v. Shubam Sangra relied on
2013 Ankush Shivaji Gaikwad v. State of Maharashtra relied on
2025 Independent Sugar Corporation Ltd. v. Girish Sriram Juneja & Ors. referred to
2024 Fuleshwar Gope v. Union of India & Ors. referred to
2022 Barun Chandra Thakur v. Master Bholu & Anr. referred to
2021 Small Scale Industrial Manufactures Association (regd.) v. Union of India and Others referred to
2018 State of Gujarat & Ors. v. Utility Users’ Welfare Association & Ors. referred to
2015 Dilip K. Basu v. State of West Bengal & Ors. referred to
2021 Reepak Kansal v. Union of India and Others mentioned

Of those, 2 relied on · 6 referred to · 1 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.