NISHANT
Additional substantial questions of law in the second appeal only be framed during the hearing and not in the judgment
NISHANT MEHROTRA 16 May 2018

Additional substantial questions of law in the second appeal only be framed during the hearing and not in the judgment

SC :: High court can frame additional substantial questions of law in the second appeal only during the hearing and not in the judgment.


High court had allowed the appeal on the two additional questions, which were framed in the judgment and not during the time of admission of the second appeal or at the time of hearing the second appeal.

Though the high court rightly framed six substantial questions of law at the time of admission of the appeal as arising in the case but erred in not answering these questions, instead allowed the appeal on the two additional questions, which were framed in the judgment.

Jurisdiction of the high court to decide the second appeal was confined only to six questions framed and not beyond it.

Case:
Vijay Arjun Bhagat vs. Nana Laxman Tapkire
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