VidhiSangh

Supreme Court of India · 04/08/2017

U. MANJUNATH RAO versus U. CHANDRASHEKAR & ANR.

[2017] 7 S.C.R. 608 · 2017 INSC 708

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Summary

A first appellate judgment affirming a decree must demonstrate application of mind to the evidence, legal issues and contentions. Merely quoting the trial judgment and adding cryptic agreement does not discharge that duty. The Court set aside the High Court judgment and remitted the first appeal for a reasoned fresh decision.

Issues

  1. Whether the High Court discharged its duty as the first appellate court by reproducing trial-court passages and expressing general agreement.

Provisions considered

Held

Result

Appeal allowed without costs; High Court judgment and decree set aside and first appeal remitted for fresh disposal according to law, requested within six months.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 608.