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IAI Actuarial Core Principles · Business Management · Sources of Indian law and valid contracts

An actuarial consultancy in Chennai wants to challenge a Madras High Court judgment on a contract point. The judgment raises a substantial question of law of general importance. Which route is the most appropriate in the Indian court hierarchy?

The consultancy should approach the Supreme Court, the apex court, which hears appeals from High Court judgments where appropriate, such as substantial questions of law. District and Sessions Courts are subordinate to the High Court and cannot hear such appeals.

  1. AApproach the Supreme Court, which is the apex court and hears appeals from High Courts in appropriate casesCorrect
  2. BAppeal to the District Court in Chennai, which is above the High Court for civil matters
  3. CFile a fresh suit in the Bombay High Court to obtain a conflicting ruling
  4. DApply to the Parliament of India for review of the judgment
  5. Approach the Chennai Sessions Court as the appellate forum

Explanation

The Supreme Court sits at the top of the hierarchy and hears appeals from High Courts, including those involving substantial questions of law. District and Sessions Courts are subordinate to the High Court, so they cannot hear an appeal from it. Another High Court cannot review a sister court's judgment, and Parliament does not act as an appellate court.

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