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

A High Court passes a final order in a civil proceeding. Under Section 109 as it stands after the 1973 substitution, an appeal lies to the Supreme Court if the High Court certifies which of the following?

The High Court must certify both 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 Court. Both conditions must be met under Section 109.

  1. AThat the amount involved exceeds a prescribed monetary value, and that the decree is original
  2. BThat the case involves a substantial question of law of general importance, and that in the High Court's opinion the question needs to be decided by the Supreme CourtCorrect
  3. CThat the case involves a substantial question of law of general importance, or that the parties consent to appeal
  4. DThat the judgment is erroneous on facts, and the question needs decision by the Supreme Court

Explanation

Section 109 requires both conditions to be certified by the High Court: a substantial question of law of general importance, and that in its opinion the question needs to be decided by the Supreme Court. Option C wrongly uses 'or', making the test alternative.

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