Second Appeal: Obligatory For HC To Frame Substantial Question Of Law Even If Lower Courts' Findings Are Perverse Per Se, Rules SC

Ashok Kini

2 Feb 2019 6:03 PM IST

  • Second Appeal: Obligatory For HC To Frame Substantial Question Of Law Even If Lower Courts Findings Are Perverse Per Se, Rules SC

    “It was obligatory, to first formulate the appropriate substantial question of law and then deal with the same, after giving an opportunity of hearing to both sides.”

    The Supreme Court has observed that it is obligatory for a High Court, while considering a Second Appeal, to frame substantial question of law in second appeal even if lower courts' findings are perverse per se. The bench comprising Justice AM Khanwilkar and Justice Ajay Rastogi set aside a Kerala High Court order, on the ground that it decided the Second Appeal without formulating...

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