JURISDICTIONAL SIGNIFICANCE OF A SUBSTANTIAL QUESTION OF LAW – SE... | |
by Sanjeev Kumar Choudhary | |
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Understanding of the Substantial Question of Law plays an | |
important role in deciding the jurisdiction of the High | |
Courts under the second appeal for any civil disputes. | |
The law governing the second appeal very clearly states | |
that unless a substantial question of law is not involved | |
and formulated, the second appeal cannot be entertained | |
by the High Court. But, what may be considered as a | |
substantial question of law for exercising the | |
jurisdiction is neither precisely mentioned nor possible | |
to be mentioned in the Code of Civil Procedure, 1908. In | |
absence of such possibility of having precise and express | |
provision identifying various issues that may be well | |
covered under the ambit of a substantial question of law, | |
parties to the suit mention anything and everything as a | |
substantial question of law to get their matter admitted | |
in the High Court for the second appeal. It is not only | |
the parties but also the High Courts commit an error in | |
the formulation of such question while admitting the | |
matter under the second appeal. This article tries to | |
identify the meaning, importance, rationale, scope of the | |
term Substantial Question of Law in context of the second | |
appeal correlating it with the jurisdictional pre- | |
condition, scope and limitation of the power of the High | |
Courts under the second appeal. | |
Date Published: 2022-05-07 06:06:50 | |
Identifier: httpsierj.injournalindex.phpierjarticleview1803 | |
Item Size: 7194797 | |
Language: eng | |
Media Type: texts | |
# Topics | |
Second Appeal | |
Substantial Question of Law | |
Section 100 | |
Interference with the concurrent find... | |
# Collections | |
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journals | |
# Uploaded by | |
@international_education_and_research_journal | |
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