Supreme Court of India

Usammaantony and Another v. Karthiyayani and Another

Neutral citation
Reported as [2015] 3 S.C.R. 737
Bench Dipak Misra and Prafulla C. Pant JJ.
Decided 20 March 2015

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

In view of the above position of law, the question formulated by the High Court in the present case, as quoted above, cannot be termed to be a question of law, much less a substantial question of law.

Judgment, page 7

From the headnote

Code of Civil Procedure, 1908 - s. 100 and Order XL/ n: 23, 23A and 24 - Second appeal - Scope of- Remand of case- Propriety of- Suit for injunction decreed by trial court as well as first appellate court - High Court allowed the second appeal and remanded the matter to trial court- On appeal, held: The question formulated by High Court cannot be termed as substantial question of law - High Court by 0 merely re-appreciating the evidence, reversed the concurrent findings of fact and remanded the matter - Hence second appeal not maintainable - Remand of the present case was not called for-

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