Supreme Court of India

Vinod Kumar v. Gangadhar

Neutral citation

Reported as [2014] 10 S.C.R. 1050

Bench Fakkir Mohamed Ibrahim Kalifulla and Abhay Manohar Sapre JJ.

Decided 13 October 2014

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.

7 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above salutary principles, on going through the impugned judgment, we feel that the High Court has failed to discharge the obligation placed on it as a first appellate court.

Judgment, page 9

From the headnote

Code of Civil Procedure, 1908 - s.96 rlw Or.41, r.31 - Scope and powers of the first appellate court - Suit filed by appellant against respondent for specific performance of contract for purchase of house - Dismissed by trial court - Order affirmed in first appeal by High Court - Validity - Held: High Court did not deal with any of the submissions urged by the appellant and/or respondent nor it took note of the grounds taken by the appellant in appeal nor made any attempt to appreciate the evidence adduced by the parties with a view to find out as to whether judgment of the trial court could

Authorities it was built on

2001 Santosh Hazarl v. Purushottam Tiwarl (dead) by Lrs cited by 29
2010 B.V. Nagesh & Anr. v. H.V. Sreenivasa Murthy cited by 13
2001 Madhukar and Ors. v. Sangram and Ors. cited by 12
2011 State Bank of India and Anr. v. M/s. Emmsons International Ltd. and Anr. cited by 11

Where later benches applied it

2022 Somakka (dead) by Lrs v. K.P. Basavaraj (dead) by Lrs relied on
2021 Murthy & Ors. v. C. Saradambal & Ors. relied on
2020 Malluru Mallappa (d) Thr. Lrs. v. Kuruvathappa & Ors. relied on
2018 Jamila Begum (d) Thr. Lrs. v. Shami Mohd. (d) Thr. Lrs. & Another relied on
2016 Laliteshwar Prasad Singh & Ors. v. S. P. Srivastava (d) Thr. Lrs. relied on
2020 Ganesan v. State Represented by its Inspector of Police referred to
2016 Madina Begum & Anr. v. Shiv Murti Prasad Pandey & Ors. referred to

Of those, 5 relied on · 2 referred to

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