Ramachandra Reddy (D) vs Ramulu Ammal (D) 2024 INSC 868 - Contract Act - Consideration - Settlement Deed- S 100 CPC - Second Appeal

Indian Stamp Act 1899 - Section 2 (24)- Indian Contract Act 1872 - Section 2 - Settlement - ‘Consideration’ need not always be in monetary terms. It can be in other forms as well. [In this case, High Court held that the deed in question was a gift deed and not one of settlement, as the element of ‘adequate consideration’ was missing and instead, the transfer was effected out of love and affection- Setting aside HC judgment, SC observed: High Court has erred in taking such a constricted view of ‘consideration’, especially taking note of the fact that this settlement was between the members of a family.] (Para 15)

Code Of Civil Procedure 1908 - Section 100 - Second Appeal - A substantial question of law, which is sine qua non for the maintainability of a second appeal, shall be so, if:- (a) Not previously settled by law of land or a binding precedent. b) Material bearing on the decision of case; and (c) New point raised for the first time before the High Court is not a question involved in the case unless it goes to the root of the matter. Therefore, it will depend on facts of each case. (Para 16.3)