Supreme Court of India
K.K. Kannan (d) by Lrs. v. Koolivathukkal Karikkan Mandi & Ors.
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.
What the Court ordered
We are of the view that the High Court has not fulfilled the mandates as provided in Section 100 C.P.C. The High Court has merely mentioned grounds A to F as stated in the E memorandum of second appeal but has not formulated the question after satisfying that a substantial question of law involved in that appeal.
Judgment, page 4
From the headnote
Code of Civil Procedure, 1908: s.100 - Second appeal - Formulation of substantial • c question of law - Concurrent findings of courts below reversed by High Court without formulating any substantial question of law - HELD: High Court has not fulfilled the mandates as provided in s.100 and has not formulated any question after satisfying that a substantial question of law involved in the appeal - Mere reference to grounds stated in memorandum of second appeal would not satisfy the mandates prescribed in s. 100 - In order to fulfil the conditions of s.100, if High Court +. is satisfied that the
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