Supreme Court of India

M/s. Shivali Enterprises v. Smt. Godawari (deceased) Thr. Lrs. and Others

Neutral citation
Reported as [2022] 11 S.C.R. 273
Bench B. R. Gavai and C. T. Ravikumar JJ.
Decided 13 September 2022

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.

From the headnote

Punjab Courts Act, 1918: s. 41 – Second Appeals – Jurisdiction of the High Court under – Held: Second appeal is not a forum where the court is to re-examine or re-appreciate the question of fact settled by the trial court or the appellate court – Though in view of s.41, it is not necessary to frame a substantial q uestion of law, the jurisdiction of the High Court under second appeal cannot be exercised for re-appreciation of evidence – Jurisdi ction u/s. 41 would be available only when there is a substantial error or defect in the procedure provided by the CPC or by any other law f or the

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