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.
question of law
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.
“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
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.”
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
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
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.
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
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
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
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
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