Supreme Court · 2016 INSC 164 · Decided 12 February 2016

U.P.S.R.T.C. v. KM. Mamta & Ors

Court
Supreme Court of India
Citation
2016 INSC 164 · [2016] 2 S.C.R. 71
Case number
CIVIL APPEAL No. 1425/2016
Decided
12 February 2016
Bench
JASTI CHELAMESWAR, ABHAY MANOHAR SAPRE (2-judge bench)
Case type
Civil
Acts & sections cited
CPC Section 96; Motor Vehicles Act Section 17, 173, 140, 166

Headnote

A B Motor Vehicles Act, 1988 - s. 17 3 - First appeal under - Scope of - Held: An al?peal u/s. 17 3 is in the nature of first appeal like s. 96 CPC - High Court in exercise of such jurisdiction, is C under legal obligation to decide all the issues, both on facts and law after appreciating the High Court as first Appellate court failed to perform its statutory duty, matter remanded to High Court - Code of Civil Procedure, 1908 - s. 96. Code of Civil Procedure, 1908 - Or. X¥ r. 4(2) rlw. Or. XL! r. 31 - Judgment of High Court - Passed in appeal uls. 17 3 of Motor Vehicles Act,

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