Ground of second appeal
anshul sangal
(Querist) 29 May 2009
This query is : Resolved
Sir can you define what is substantial question of law as a ground of second appeal under C.P.C in sec-100
G. ARAVINTHAN
(Expert) 29 May 2009
A substantial Question of Law is which the question to be decided based on both the Judgments rendered in the Courts below and the questions which has not been raised before both the Courts
Uma parameswaran
(Expert) 29 May 2009
Sudstantial question of law means that it should directly and substantialy affect the rights of the parties.
Murali Krishna
(Expert) 29 May 2009
Substantial question of law held to be a question which includes a question on which there is scope for debate and on which there is conflict of opinion. [Chunnilal V.CS&M co Ltd, AIR 1962 SC 1314]
What could be a substantial question of law, is much debated one. In the recent times, Supreme Court has rendered many judgements on this issue. You can refer to AIR 2006 SC 2234 and AIR 2006 SC 2172 for more information.
SANJAY DIXIT
(Expert) 30 May 2009
The words " substantial question of law" has not been defined. But the expression has acquired a definite connotation through a catena of judicial pronouncements. Usually five tests are used to determine whether a substantial question of law is involved. They are as follows:-
1)whether, directly or indirectly, it affects substantial rights of the parties, or
2) the question is of general public importance, or
3) whether it is an open question in the sense that the issue has not been settled by pronouncement of the Supreme Court or Privy Council or by the Federal Court, or
4)the issue is not free from difficulty, and
5)it calls for a discussion for alternative view.
B.B.R.Goud.
(Expert) 01 June 2009
very nicely explaine by Mr Prabhakar.
The substantial question of law is the question of pure law. To decide this question, one need not to look into the facts. There are generally three types of questions:
1. Question of fact: If any fact is denied and/or not admitted by the parties at litigation, that is the disputed question of fact and it is necessitated to be decided on the basis of oral and documentary evidence.
2. Question of law: Pure legal question. Unrelated to the facts of the case. Has to be decided on the basis of the interpretations of the statutes, provisions of law and rulings of higher courts of the land..
3. Mixed question of law and facts: A question that comprises of both fact and law.
