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Corporate Lawyer: second appeal can only be decided on the substantial question of law framed by the high Court - SC.

Supreme Court of India

Justice Abhay Manohar Sapre

The Supreme Court of India in the case titled as "Ranjit Kumar Karmakar Versus Hari" has held that when the high court admit second appeal on substantial question of laws under section 100(4) and (5) CPC, then, the appeal only has to be decided on those framed substantial question of laws.

In the said case it was held by the supreme court, albeit the substantial question of laws were framed by the High Court, but they were not answered while deciding the appeal. The high court had dealt with other issues but not decided the substantial question of laws, therefore, the Supreme Court of India had set aside the order of the High Court and the matter was remanded back to decide the second appeal, in view of substantial questions of law, which were framed While admitting appeal.



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