Supreme Court of India

Lankeshwar Malakar and Ors. v. R. Deka and Ors.

Neutral citation
Bench S.B. Sinha and Markandey Ka Tju JJ.
Decided 30 November 2006

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

We are of the view that the first Appellate Court should have recorded a findings on the basis of the materials on records.

Judgment, page 4

From the headnote

Code of Civil Procedure, 1908: s. 100-Second appeal-Substantial question of law-Before High Court contention raised that findings of first appellate court regarding certain suit properties were contrary to records-Held, High Court should have considered this question from correct perspective-Judgment of High Court set aside­ Matter remitted back to High Court for consideratirm afresh-It will be open to High Court to formulate fresh question(s) of law.…

Where later benches applied it

Of those, 1 referred to

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