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Administrator Of Ravinagar Malaji ... vs Owenr Of Chandramauli Coal Traders ... on 8 May, 2024
cites
The Code of Civil Procedure, 1908
Section 109 in The Code of Civil Procedure, 1908 [Entire Act]
The University of Rajasthan (Amendment) Act, 1973
Bses Rajdhani Power Ltd. vs Delhi Electricity Regulatory ... on 18 October, 2022
Iqbal Basith vs N. Subbalakshmi . on 14 December, 2020
(vii) (2021) 2 SCC 718 - Iqbal Basith versus N.
Subbalakshmi, Headnote : B & Paras 9 &
10 thereof.
Sirajudheen vs Zeenath on 27 February, 2023
Sirajuddheen versus Zeenath, Headnote : B
and Paras : 11, 14 & 15 thereof.
Nazir Mohamed vs J.Kamala And Ors. on 27 August, 2020
In Nazir Mohamed v. J. Kamala (2-
Judge Bench), it was observed:--
Yogesh Chunilal Maniyar vs Bakul Chandulal Mehta And Mrs. Jyotsna ... on 23 June, 2016
(Chunilal case [Chunilal V. Mehta &
Sons Ltd. v. Century Spg. & Mfg.
Co. Ltd., AIR 1962 SC 1314], AIR
p. 1318, para 5)
'5. ... when a question of law is
fairly arguable, where there is room
for difference of opinion on it or
where the Court thought it
necessary to deal with that question
at some length and discuss
alternative views, then the question
would be a substantial question of
law. On the other hand if the
question was practically covered by
the decision of the highest court or
if the general principles to be
applied in determining the question
are well settled and the only
question was of applying those
principles to the particular facts of
the case it would not be a
substantial question of law.'
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NEUTRAL CITATION
C/SA/88/1997 JUDGMENT DATED: 08/05/2024
undefined
Hero Vinoth (Minor) vs Seshammal on 8 May, 2006
The
relevant paragraphs of the judgment
of this Court in Hero Vinoth [Hero
Vinoth v. Seshammal, (2006) 5 SCC
545] are set out hereinbelow : (SCC
p. 554, para 21)
"21. The phrase "substantial
question of law", as occurring in the
amended Section 100 CPC is not
defined in the Code. The word
substantial, as qualifying "question
of law", means-- of having
substance, essential, real, of sound
worth, important or considerable. It
is to be understood as something in
contradistinction with--technical, of
no substance or consequence, or
academic merely. However, it is
clear that the legislature has chosen
not to qualify the scope of
"substantial question of law" by
suffixing the words "of general
importance" as has been done in
many other provisions such as
Section 109 of the Code or Article
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NEUTRAL CITATION
C/SA/88/1997 JUDGMENT DATED: 08/05/2024
undefined
133(1)(a) of the Constitution. The
substantial question of law on which
a second appeal shall be heard need
not necessarily be a substantial
question of law of general
importance.