Supreme Court · 2020 INSC 511 · Decided 27 August 2020
Nazir Mohamed v. J. Kamala and ORS.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 511 · [2020] 7 S.C.R. 763
- Case number
- CIVIL APPEAL No. 2843/2010
- Decided
- 27 August 2020
- Bench
- NAVIN SINHA, INDIRA BANERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
Code of Civil Procedure, 1908: s.100 - Second appeal - Nature and scope of - Held: A right to appeal is conferred by a statute - If the statute confers a limited right of appeal, the Court cannot expand the scope of the appeal - s.100 restricts the right of second In order to be substantial, the question must be debatable, not previously settled by the law of the land or any binding precedent, and must have a material bearing on the decision of the case and/ or rights of the parties, if answered either way - Whether a question of law is substantial
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