WHAT IS 'QUESTION OF LAW' & ' SUBSTANTIAL QUESTION OF LAW'
The maintainability of an appeal before the high court or the Supreme Court depends on the narrow determination/validity of issues of laws involved. The courts in appeal should be convinced that a substantial question of law is involved for its indulgence into the matter and not mere question of law. The legislation does not describe ‘Question of law’ and ‘Substantial question of Law’ but judicial precedents overtime has shaped and differentiated its true meaning. A Question of law arises when there is ambiguity and uncertainty in application of a settled legal provision to the facts and circumstances of the case and this question of law becomes substantial when the question of law has not been dealt with or when there are conflicting judicial opinions by different benches of the High Court or the Supreme Court that requires effective interpretation and permanent judicial consideration. What is the test for determination on whether a Substantial Quest...