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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...
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