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What is substantial question of law?

Updated: 4/30/2024
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11y ago

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In Sir Chunilal V. Mehta & Sons, Ltd. Vs. Century Spinning and Manufacturing Co. Ltd. AIR 1962 SC 1314, a Constitution Bench of this Court, while explaining the import of the said expression, observed that: "The proper test for determining whether a question of law raised in the case is substantial would, in our opinion, 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 either an open question in the sense that it is not finally settled by this Court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest Court or the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law."

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17h ago

A substantial question of law refers to an important legal issue or principle that is central to a case and has the potential to impact the outcome significantly. It generally involves complex or novel legal interpretations that require thoughtful analysis and consideration by the courts. These questions often form the basis for appeals or challenges in legal proceedings.

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