Supreme Court · 2010 INSC 709 · Decided 19 October 2010
Municipal Committee, Hoshiarpur v. Punjab State Electricity Board and ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 709 · [2010] 13 S.C.R. 658
- Case number
- CIVIL APPEAL No. 9651/2003
- Decided
- 19 October 2010
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100, 103
Headnote
Code of Civil Procedure, 1908 - ss. 100 and 103 - Second appeal - Exercise of powers under ss.100 and 103 C - Conditions precedent - Held: A second appeal cannot be decided merely on equitable grounds - The existence of a substantial question of law is a condition precedent appeal, and on failure to do so, the judgment cannot be maintained - However, there is no D prohibition on entertaining a second appeal even on a question of fact provided the court is satisfied that the findings of fact recorded by the courts below stood vitiated by non­ consideration of
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