Search Results Page

Search Results

1 - 7 of 7 (0.20 seconds)
L.H. Of Decd. Galabhai Arjanbhai vs District Panchayat on 7 October, 2022 cites

Sir Chunilal V. Mehta And Sons, Ltd vs The Century Spinning And Manufacturing ... on 5 March, 1962

11. Considering the questions suggested by the learned counsel appearing for the appellants, it does not require any further hearing or re-determination. The question is practically covered by the decision of the highest court and/or there is no further determination of any of the questions suggested by the learned counsel is required. Considering the test which is enumerated by the Hon'ble Apex Court in Sir Chunilal V. Mehta & Sons Ltd. V. Century Spinning and Manufacturing Co. Ltd., reported in 1962 AIR (SC) 1314 for determining whether a question of law raised in a given case is substantial question. The substantial question of law must be Page 11 of 15 Downloaded on : Fri Oct 14 20:37:55 IST 2022 C/SA/374/2017 ORDER DATED: 07/10/2022 debatable, not previously settled by law of the land or a binding precedent, and must have a material bearing on the decision of the case, if answered either way, insofar as the rights of the parties before it are concerned. To be a question of law "involving in the case" there must be first a foundation for it laid in the pleadings and the question should emerge from the sustainable findings of fact arrived at by court of facts and it must be necessary to decide that question of law for a just and proper decision of the case. An entirely new point raised for the first time before the High Court is not a question involved in the case unless it goes to the root of the matter. It will, therefore, depend on the facts and circumstance of each case whether a question of law is a substantial one and involved in the case, or not; the paramount overall consideration being the need for striking a judicious balance between the indispensable obligation to do justice at all stages and impelling necessity of avoiding prolongation in the life of any lis.
Supreme Court of India Cites 9 - Cited by 460 - J R Mudholkar - Full Document
1