High Court Case Analysis

This section states that a second appeal lies at the High Court if the court is satisfied that there is a substantial question of law involved. There is no inherent right to appeal that exists in all cases. The right come into existence as a matter of statute. This suggests that right to appeal is a substantive right. Therefore while deciding the question on the existence of the right, the statutory requirement, if any, must be fulfilled. The court is not allowed to restrict or expand the scope of the requirement under the law. If this is not fulfilled, the decision shall be null and void. The court cannot disregard the mandate of the statute.

This new section is the result of Amendment Act 1976. Before the amendment the section covered

But the consideration changes if there is mixed question of law and facts. When there is a mixed question of law and facts, the inference drawn from the facts would be considered to be a question of law. This will not be the case when the issue concerned contains pure question of fact.

Consequently, it becomes imperative to examine the understanding of substantial question of law as is used in this section. There is no strict test which is uniformly applicable in all the cases to determine whether substantial question of law is involved or not. This depends upon the facts and circumstances of each case. The courts have in various cases took into consideration factors that may assist one in understanding the scope of this phrase. The precise meaning of the phrase itself is not

Mehta & Sons Ltd. V. Century Spg. & Mfg Co. Ltd , The Court held stated that:

“The proper test………would be whether it is of general public importance or whether it directly and substantially affects the rights of the parties and if so whether it is open to question in the sense that it is not finally settled by this Court or Privy Council or by the Federal court……or calls for discussion of alternative view……”

However if the question involved has already been settled apex court or the High Court and the lower court has applied this question correctly in the case, then that shall not be considered by the High Court. It is when there are grey areas involved in the question of the law involved in the case, the Court shall consider that question. There should be an adequate scope to interpret the question and that it should be debatable. The law should not be finally settled by the court of the law. Therefore, the substantial question of law on which the position of Court is clear and unambiguous shall be excluded from the domain of the consideration by the