Search this article on Google: Understanding Section 103 of the Code of Civil Procedure, 1908: The Power of the High Court to Determine Issues of Fact
Understanding Section 103 of the Code of Civil Procedure, 1908: The Power of the High Court to Determine Issues of Fact
Legal intricacies can often seem perplexing to those not professionally involved in the field. Our goal here at SimranLaw is to demystify such complex legal issues, providing readers with insights drawn from years of experience. In this article, we delve into Section 103 of the Code of Civil Procedure, 1908 (CPC), which confers upon the High Courts the power to determine issues of fact.
What is Section 103 CPC?
Section 103 CPC comes into play when a case comes up for hearing before the High Court following a second appeal based on factual grounds. In that context, the High Court has been given the powers to determine issues of facts.
Brief background of Section 103 CPC
- This provision has its roots in order to provide an exhaustive resolution process and prevent prolonging litigations.
- The section was included in the CPC to give the High Court the power to determine issues of fact, under certain conditions, in order to ensure a complete and conclusive determination of the issues involved in the appeal.
- However, it should be noted that this power is not absolute and is exercisable only under certain conditions.
The High Court’s Power under Section 103 CPC
- High Court has been given the powers to determine the issues of facts, if
- the evidence on record is sufficient for its determination.
- no additional evidence needs to be taken on such issue(s).
- However, this power shall not be exercised unless the High Court is fully satisfied about the correctness of such findings.
- Further, it must also be satisfied that the case can be finally decided without recording additional evidence on such issues of fact.
Case Laws Interpreting Section 103 CPC
- Murari and Ors. vs Raghunath and Ors (1993)
- In this case, the Supreme Court held that the High Court can decide only those issues of fact which have been framed by the trial court and not any other issue.
- Ram Prakash Gupta vs Rajiv Kumar Gupta and Ors. (2007)
- The Supreme Court in this case held that Section 103 comes into operation when the court of first instance has omitted to frame or try any issue or to determine any question of fact, which appears to the High Court essential to the right decision of the suit upon the merits.
- Bhagwat Singh vs Commissioner of Police (1985)
- In this judgment, the Supreme Court made a significant observation that even if a substantial question of law was framed at the time of admission of the appeal and later it was found that no such question of law arises, the High Court can still decide the case under Section 103 CPC by considering the facts.
This is a brief overview of Section 103 of the CPC. For a comprehensive understanding of this legal provision and its implications, it is recommended to consult with a legal advisor.
In conclusion, knowledge of the law empowers individuals. By understanding these nuanced facets of our legal system, we equip ourselves with the tools needed to make informed decisions. Keep visiting us at SimranLaw for more legal insights from our expert team.