Supreme Court of India

U.P.S.R.T.C. v. Km. Mamta & Ors

Neutral citation
Reported as [2016] 2 S.C.R. 71
Bench J. Chelameswar and Abhay Manohar Sapre JJ.
Decided 12 February 2016

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

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 H . 78 c SUPREME COURT REPORTS [2016] 2 S.C.R. appellate court.

Judgment, page 7

From the headnote

Motor Vehicles Act, 1988 - s. 17 3 - First appeal under - Scope of - Held: An al?peal u/s. 17 3 is in the nature of first appeal like s. 96 CPC - High Court in exercise of such jurisdiction, is under legal obligation to decide all the issues, both on facts and law after appreciating the entire evidence - Jn the present._case, since the High Court as first Appellate court failed to perform its statutory duty, matter remanded to High Court - Code of Civil Procedure, 1908 - s. 96. Code of Civil Procedure, 1908 - Or. X¥ r. 4(2) rlw. Or. XL! r. 31 - Judgment of High Court - Passed in appeal uls.

Where later benches applied it

Of those, 1 referred to

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