AIR 1999 SUPREME COURT 1104 ::1999 AIR SCW 755 ::1999 SCFBRC 173 ::1999 (2) ADSC 277 ::1999 ADSC 2 277 ::(1999) 2 MahLR 210 ::(1999) RevDec 268 ::1999 (1) UJ (SC) 697 ::1999 UJ(SC) 1 697 ::(1999) 1 ArbiLR 421 ::(1999) 77 DLT 746 ::(2000) 4 CivLJ 674 ::(1999) 1 All RentCas 654 ::1999 (2) CivilCourtC 374 ::1999 (2) SCC 635 ::(1999) 2 RecCivR 206 ::(1999) 1 Scale 634 ::1999 (2) CurCC 1 ::(1999) 2 AllMR 404 (SC) ::(1999) 2 ICC 306 ::(1999) 3 Mad LW 406 ::(1999) 1 SCJ 660 ::(1999) 2 LandLR 201 ::(1999) 4 AndhLD 1 ::1999 (1) LRI 934 ::1999 (2) Bom LR 499 ::1999 (2) Supreme 446 ::(1999) 48 DRJ 493 ::(1999) 2 BLJ 658 ::(1999) 2 JT 45 (SC) ::1999 (2) JT 45 ::1999 (4) SRJ 99

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): S. B. Majmudar, M. Jagannadha Rao , JJ

(A) Civil P.C. (5 of 1908) , S.100— Second appeal - High Court should frame substantial question of law and then only dispose of appeal. (Para 10) (B) Civil P.C. (5 of 1908) , S.100— Finding of fact - Interference - Finding by First Appellate Court that agreement of sale was not genuine document - One of reasons given by it found factually incorrect - Finding, however, based on other relevant material on record - High Court not entitled to interfere with the finding. (Para 10) (C) Constitution of India , Art.136— Scope - Special leave granted - Discretionary power continues with Supreme Court even at stage of hearing of appeal on merits - Even after declaring the law or pointing out error in impugned judgment, it may not interfere or can mould relief. It is well settled that though special leave is granted, the discretionary power which is vested in the Court at the stage of the special leave petition continues to remain with the Court even at @page-SC1105 the stage when the appeal comes up for hearing and when both sides are heard on merits in the appeal. This principle is applicable to all kinds of appeals ad....