Where Medical Evidence Creates Reasonable Doubt, Benefit Must Go To The Accused: Allahabad High Court Sets Aside Murder Conviction Lok Adalat Award Cannot Override Registered Lease Deed: Andhra Pradesh High Court Dismisses Execution Petition for Eviction Deemed Conveyance Does Not Enlarge Title — Civil Court Must Adjudicate Ownership Disputes: Bombay High Court Common Intention Must Be Proved—No One Can Be Convicted Solely for Being Named Among a Group: Calcutta High Court Mere Abusive Language or Threat, Without Sexual Colour, Does Not Attract Section 354A IPC: Delhi High Court Forcing a Child to Carry the Trauma Is an Assault on Dignity: Gujarat High Court Allows Termination of 15-Week Pregnancy of 14-Year-Old Rape Survivor Framing of Charge is Not a Final Order, No Appeal Lies Under Section 14A of SC/ST Act: Himachal Pradesh High Court Interest Earned from Axis Bank Is ‘Attributable’ to Credit Business – Not a Separate Source of Income: ITAT Chennai Grants 80P Deduction Must Be Proved, Not May Be Proved: Karnataka High Court Upholds Triple Murder Conviction On Complete Chain Of Circumstantial Evidence Statutory Scheme Overrides Hereditary Claims: Kerala High Court Upholds Executive Officer Appointment at Malamakkavu Ayyappa Temple No Mid-Stream Change In Examination Centre Once Exams Are Underway:  Orissa High Court Draws Line On Judicial Interference Forest Allegation Found Baseless, Petitioner Had Personal Grudge: NGT Dismisses Plea Alleging Illegal Mining in Raisen Protected Forest CPC Has No Role in Consumer Forums: National Commission Slams Procedural Missteps in Insurance Complaint Transfer Case Permit Is Not a Formality, It’s a Legal Necessity: Madhya Pradesh High Court Directs Insurer to ‘Pay and Recover’ for Accident Caused by Vehicle Plying Outside Authorized States A Compromise Before Court Is Not a Private Contract but a Solemn Undertaking: Punjab & Haryana High Court Cancels Anticipatory Bail Senior Citizens Misled with FD Promises Can’t Be Bound by Insurance Contracts: Chandigarh State Commission Upholds Full Refund with Interest No Specific Forum Under Trust Act to Adjudicate Election Disputes Involving Fraud: Rajasthan High Court Upholds Civil Court Jurisdiction Mere Presence is Not Conspiracy: Kerala High Court Grants Bail in Ganja Case Where Intermediate Quantity Alone Recovered from Accused Sufficient Cause Is Not a Matter of Sympathy, But Substance: Bombay High Court Rejects 645-Day Delay in Filing Review Petition

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