Section 103

Power of High Court to determine issue of fact.

The Code of Civil Procedure, 1908

  • Act 5 of 1908
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

All sections
    1[103. Power of High Court to determine issue of fact.--In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,--
        (a) which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or
        (b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.]

Notes

1. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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