State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

Second Appeals in Punjab and Haryana: High Court Not Bound by Substantial Questions of Law - Supreme Court Clarifies Jurisdiction Under Section 41 of Punjab Courts Act

07 May 2024 8:19 AM

By: Admin


On 16 May 2024: In a significant ruling, the Supreme Court revisited its stance on the Punjab and Haryana High Court's authority to decide second appeals under Section 41 of the Punjab Courts Act, 1918. The Court emphasized that the High Court can adjudicate second appeals without framing substantial questions of law, aligning with the pre-1976 amendment scope of Section 100 of the Code of Civil Procedure (CPC).

The review petition stemmed from the Supreme Court's decision in Civil Appeal No. 6567 of 2014, which had overturned the Punjab and Haryana High Court’s decree concerning the validity of a Will and the rightful succession of property. The High Court had initially set aside the trial court's judgment in favor of the respondents, who claimed inheritance based on a contested Will.

The Court acknowledged the pivotal role of the Constitution Bench ruling in Pankajakshi (Dead) Through LRs & Ors. v. Chandrika & Ors., which upheld the validity of Section 41 of the Punjab Courts Act. This section does not necessitate framing substantial questions of law for second appeals.

The Court referenced Randhir Kaur v. Prithvi Pal Singh & Ors. and Gurbachan Singh (Dead) Through LRs v. Gurcharan Singh (Dead) Through LRs & Ors., reaffirming that the High Court’s jurisdiction under Section 41 is consistent with the unamended Section 100 CPC.

The High Court's ability to reassess factual findings without substantial questions of law was underscored. The trial court's factual findings could only be overturned if shown to be perverse or legally untenable, which was not the case here.

The review petition argued that the previous judgment erroneously applied the post-1976 amendment standards of Section 100 CPC to the High Court's powers under Section 41 of the Punjab Courts Act.

The trial court had found the Will purported by the respondents suspicious and invalid, thereby favoring natural succession.

The First Appellate Court’s decision to overturn the trial court’s findings was deemed incorrect as it failed to address the trial court's detailed reasoning and evidentiary assessment.

The Supreme Court, finding an apparent error in its prior judgment, allowed the review petition, reinstating the High Court's decision.

The High Court's judgment was restored, which validated the trial court's original findings.

Decision: The Supreme Court allowed the review petition, dismissed the civil appeal on merits, and affirmed the trial court's judgment favoring the natural successor due to the invalidity of the contested Will.

Date of Decision: May 16, 2024.

Lehna Singh (D) By LRS v. Gurnam Singh (D) By LRS & Ors.,

Latest Legal News