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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A High Court passes a final judgment in a civil proceeding. Under Section 109, subject to the Constitution and Supreme Court rules, when does an appeal lie to the Supreme Court?

An appeal lies only if the High Court certifies both that the case involves a substantial question of law of general importance and that, in its opinion, the Supreme Court needs to decide that question, as provided in Section 109.

  1. AIf the High Court certifies that the case involves a substantial question of law of general importance and that, in its opinion, the question needs to be decided by the Supreme CourtCorrect
  2. BIf the High Court certifies that the case involves any question of fact of public importance
  3. CIf the party is dissatisfied with the judgment, without any certificate
  4. DIf the case involves a substantial question of law, even if the High Court gives no certificate

Explanation

Section 109 as substituted in 1973 requires a High Court certificate on two points: a substantial question of law of general importance, and that the question needs decision by the Supreme Court. Both are needed; mere dissatisfaction or a question of fact is insufficient.

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