question of law Archives

Unanimity on Questions of Law; differences on Questions of Facts: Division Bench refers matter to Calcutta High Court Chief Justice for resolution by third Judge

The Division bench agreed to the monthly occupation charges but disagreed on the time period for payment.

Explained| Article 143 of the Constitution of India

The first reference under Article 143 was made in the Delhi Laws case, wherein, the President referred three questions to the Supreme Court for its opinion.

Case Briefs Supreme Court

Interlocutory order in one case cannot be treated as precedent for cancellation of bail of accused in other cases: Supreme Court

Supreme Court has ordered that the Rajasthan High Court's impugned order being interlocutory in nature, shall not be treated as precedent for cancellation of bail granted to the petitioner in other cases, and the question of law was kept open to be decided in an appropriate case.

Case Briefs Supreme Court

“To be ‘substantial’, a question of law must be…”. Supreme Court summarises principles relating to Section 100 CPC

Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has explained that to be ‘substantial’, a question of law must

Case Briefs Supreme Court

Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers

“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”

Case Briefs High Courts

Kerala High Court| Can pre-arrest bail be granted to accused sitting abroad? Co-equal bench doubts order in Vijay Babu’s case; Larger Bench to decide

Kerala High Court: While adjudicating a question of law as to whether pre-arrest bail can be granted to an accused while he

Case Briefs Supreme Court

Application for compassionate appointment made during subsistence of a policy, eventually policy stood amended before appointment; which policy will govern the appointment? SC to decide

Supreme Court: While addressing a case raising significant question of law on principles governing compassionate appointment, the Division Bench of D.Y. Chandradhud

Case Briefs

Tax liability of a power generator (which also manufactures sugar) supplying electricity to a distributor, whether a Question of law or of fact? Supreme Court clarifies

Whether the State had the legislative competence to levy duty on the sale of electricity to an intermediary distributor is a question of law.

Case Briefs High Courts

Son-in-law and his right on Father-in-laws property | Claim that he was adopted as a member of family subsequent to marriage with daughter: Know what Ker HC decides

Kerala High Court: N. Anil Kumar, J., decided a matter wherein the son-in-law claimed his right on father-in-law’s property while pleading that

Case Briefs Supreme Court

Explained| Res judicata: Question of fact or law or mixed question of law and fact? Can it be decided as a preliminary issue?

Supreme Court: In an important ruling on Res Judicata, the 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and Hima Kohli, JJ

Case Briefs Supreme Court

Mere reference to factual aspects to conclude question of law does not mean facts and evidence have been reappreciated: SC restates law on second appeal under S. 100 CPC

Supreme Court: A 3-Judge Bench of N.V. Ramana, CJI and A.S. Bopanna and Hrishikesh Roy, JJ. upheld the judgment of the Madras

Case Briefs High Courts

HP HC | Documents need to be appreciated in the right perspective in order to address the question of law; Court allows appeal

Himachal Pradesh High Court: Tarlok Singh Chauhan, J., allowed an appeal against the judgment of the first appellate court. The plaintiff had

Case Briefs High Courts

No decree shall be reversed or substantially varied if it does not result in miscarriage of justice

Bombay High Court at Goa: A Single Judge Bench comprising of C.V. Bhadang, J., dismissed an appeal filed against the concurrent findings