Section 103: Power of High Court to determine issue of fact.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

[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.]

Where this provision sits

Act	The Code of Civil Procedure, 1908
Section	103
Marginal note	Power of High Court to determine issue of fact.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	6

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

Judgments that turned on this provision

SA/301/2022 of The District Collector Vs BALAMMALMadras High Court · 2026-01-12
NARAYAN SITARAM BADWAIK (DEAD) THR. LRS. vs BISARAM AND ORS.Supreme Court of India · 2021-02-17
MUNICIPAL COMMITTEE, HOSHIARPUR vs PUNJAB STATE ELECTRICITY BOARD & ORS.Supreme Court of India · 2010-10-19

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