Supreme Court · 2004 INSC 319 · Decided 28 April 2004
M/S. Kusum Ingots and Alloys LTD. v. Union of India and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 319 · [2004] SUPP. 1 S.C.R. 841
- Case number
- CIVIL APPEAL No. 9159/2003
- Decided
- 28 April 2004
- Bench
- V.N. KHARE, S.B. SINHA, S.H. KAPADIA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 20(c), 141, 226(2); Constitution Article 226(2), 226; Companies Act; SARFAESI Act
Headnote
B Constitution of India, 1950: Article 226(2). "Cause of action"-Meaning of-Held: The material facts which are imperative for the plaintiff/petitioner to allege and prove in order to obtain C a judgment in his favour constitute the cause of action-However, the entire bundle of facts before a petitioner can obtain a decree is the material facts also known as integral facts. "Cause of action "-Accrual of-Appellate or revisional order-Place D where passed-Held: As the order of the appellate authority constitutes a part of the cause of action, a writ petition or
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