Supreme Court · 2001 INSC 158 · Decided 21 March 2001
Kulwant Kaur and ORS. v. Gurdial Singh Mann (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 158 · [2001] 2 S.C.R. 525
- Case number
- CIVIL APPEAL No. 1287/1990
- Decided
- 21 March 2001
- Bench
- AJAY PRAKASH MISRA, U.C. BANERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100, 97(1); Constitution
Headnote
Punjab Couns Act, 1918 : Section 41. Second Appeal-Entenaining of-Substantial question of law-Framing of-Requirement-Held: S. 41 is repugnant to S. JOO CPC (as amended in 1976)-Hence, High Coun erred in ente11aining second appeal under S. 41 without framing a substantial question of law as Act, 1976, S. JOO. Constitution of India, 1950: Anicle 141. Precedent-Judgment based on a concession-Binding nature of-Held, cannot be tenned to be a binding pre~dent and does not have the sanctity and solemnity of a binding precedent. The appellants-plaintiffs filed a suit for partition and
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