325 😊Technique to WIN a Court Case? Question of Fact/Question of Law/Substantial Question of law.
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- Опубликовано: 14 окт 2024
- #substantialquestionoflaw #questionoffact
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 2843-2844 OF 2010
Nazir Mohamed ..…Appellant
versus
J. Kamala And Ors. …..Respondents
J U D G M E N T
Indira Banerjee, J.
29. The principles for deciding when a question of law
becomes a substantial question of law, have been enunciated
by a Constitution Bench of this Court in Sir Chunilal v. Mehta
& Sons Ltd. v. Century Spg. & Mfg. Co. Ltd.1, where this
Court held:-
”The proper test for determining whether a question of
law raised in the case is substantial would, in our opinion,
1. AIR 1962 SC 1314
be whether it is of general public importance or whether
it directly and substantially affects the rights of the
parties and if so whether it is either an open question in
the sense that it is not finally settled by this Court or by
the Privy Council or by the Federal Court or is not free
from difficulty or calls for discussion of alternative views.
If the question is settled by the highest court or the
general principles to be applied in determining the
question are well settled and there is a mere question of
applying those principles or that the plea raised is
palpably absurd the question would not be a substantial
question of law.”
37. The principles relating to Section 100 CPC relevant for this case may be summarised thus :
(i) An inference of fact from the recitals or contents of a document is a question of fact, but the legal effect of the terms of a document is a question of law. Construction of a document, involving the application of any principle of law, is also a question of law. Therefore, when there is misconstruction of a document or wrong application of a principle of law in construing a document, it gives rise to a question of law.
(ii) The High Court should be satisfied that the case involves a substantial question of law, and not a mere question of law. A question of law having a material bearing on the decision of the case (that is, a question, answer to which affects the rights of parties to the suit) will be a substantial question of law, if it is not covered by any specific provisions of law or settled legal principle emerging from binding precedents, and, involves a debatable legal issue.
(iii) A substantial question of law will also arise in a contrary situation, where the legal position is clear, either on account of express provisions of law or binding precedents, but the Court below has decided the matter, either ignoring or acting contrary to such legal principle. In the second type of cases, the substantial question of law arises not because the law is still debatable, but because the decision rendered 5 AIR 1963 SC 302 on a material question, violates the settled position of law.
(iv) The general rule is, that High Court will not interfere with the concurrent findings of the Courts below. But it is not an absolute rule. Some of the well-recognised exceptions are where (i) the courts below have ignored material evidence or acted on no evidence;
(ii) the courts have drawn wrong inferences from proved facts by applying the law erroneously; or (iii) the courts have wrongly cast the burden of proof. A decision based on no evidence, does not refer only to cases where there is a total dearth of evidence, but also refers to case, where the evidence, taken as a whole, is not reasonably capable of supporting the finding.
58. In Kondiba Dagadu Kadam v. Savitribai Sopan Gujar6, this Court held:
6 (1999) 3 SCC 722 “After the amendment a second appeal can be filed only if a substantial question of law is involved in the case. The memorandum of appeal must precisely state the substantial question of law involved and the High Court is obliged to satisfy itself regarding the existence of such a question. If satisfied, the High Court has to formulate the substantial question of law involved in the case. The appeal is required to be heard on the question so formulated. However, the respondent at the time of the hearing of the appeal has a right to argue that the case in the court did not involve any substantial question of law. The proviso to the section acknowledges the powers of the High Court to hear the appeal on a substantial point of law, though not formulated by it with the object of ensuring that no injustice is done to the litigant where such a question was not formulated at the time of admission either by mistake or by inadvertence” “It has been noticed time and again that without insisting for the statement of such a substantial question of law in the memorandum of appeal and formulating the same at the time of admission, the High Courts have been issuing notices and generally deciding the second appeals without adhering to the procedure prescribed under Section 100 of the Code of Civil Procedure. It has further been found in a number of cases that no efforts are made to distinguish between a question of law and a substantial question of law.
Point - Truth should be told and Truth should be proved at the trial stage and trial stage is equally important as supreme stage.
Sir .. Very Motivating For Honest TRUTHFUL Clean Hands People to defend / attack the unclean hand opponents.. Thanks !
U are very clear with ur message sir truth wins
Very clear message. Great. However, why takes more time for civil cases in India and it becomes normal. To prove truth is truth it is almost taking 20 years. This is what lot of real estate people exploting and real owners are suffering.
same hear
Information helpful tq sir
This Respected sir is Excellent and incredible
Nice information sir
In a joint property Co partners manipulated to grab more but no partition or subdivision still now some part is vacant right full owner after long time claim for partition in his ancestors property by which suit
Sir,
I have a question that is my property OS suit decree in trial court junior division on the evidence of the Original suit, and later in higer division trial court passed decree made revesre judgment. Now the case in High court under RSA, how to take immediate stay order to protect my os suit.?
Do keep making these videos. I found it interesting & educational.
Wow!!!! Sir your way of explanation and knowledge is excellent. Thanks so much
Dear sir
what if plaintiff is the guilty one in property suit
In our case the Plaintiff itself are the culprits claiming the assets
But yet they have initiated the suit
So we as defender how to sue them in return
and how long the property suit case goes on
And we as defender can we delay the case
Thank you sir
Karnataka India
Exactly correct truth sir.
Then the discision of the trial court is very very important. Sir🙏🙏
Excellent Video. Thanks.
Excellent articulation
Sir in a Partition Suit , case status is in Examination of Commissioner report and having permanent injection about "No new construction and/or couldn't change the nature and character of the suit property until the further order and/or until diposal of this suit". In this suit there is unnecessary delay in procedings by the defendant lawyer, Defandants are enjoying the property . My question is how to do speedy trial on this case?
Sir we were truthful to court with all oral and record evidence... jurdgement wrote in the way needed by plaintiff ...that's the truth ...we have filled an appeal ... Harassment to parents in 80 yrs of age
Wonderful Sir......
An eye opener.....as a student of Law... I am benefitted a lot.
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పిత్రాజిత(partition deed) ఆస్తి మీద వీళునామ రాయవచ్ఛా ??
దయచేసి చెప్పండి !!
During civil suit defendant has to come to the city where case filed by plaintiff other than his city ?
Thanks sir. ..
The above matter is about governments decision to keep all property in on line.
Sir can u explain , what is defacto complaint???
There is a case of ipc409 on me and which is true, should we pldge the guilty at first step,. Because , any way court will find truth aslo I not financially strong please guide.....
Yes true sir
Sir the lower court has not given an opportunity to mark the documents even though the previous presiding officer had allowed the IA and passed the final judgment
RESPECTED SIR IN WORLD 7persons dittoo. faces
Our case mutation under 754, daughter wanted right in property and have filed case against the others, and the father property is ancestral, how much time it will take to clear the case in favor of daughter, as daughter have property rights legally, if it's legal our case started in 2016 till this no result seen in this, why our system is lazy, and advocate didn't come in given time sometimes, and date is forward, sometimes he send his assistant to attend which has not done degree in law, what to do when advocate do such thing,
Can a judge can do something, when advocate doesn't attend the date as it is disciplined measure, and same case is opposite side they are also same ridiculous thing not attending particular date at court, and results is that date is forward, their is not criteria for advocate to attend the court at particular date, or it is their part of strategy, so that case goes keep going till for a long time, so that they are able to make more money, I am Fred of this behavior of lawyers,
Facing same issues with lawyers and judge, we were not clearly informed about the next move.. Wat strategy are they following? The tenant didn't paid rent more than 3 yrs once the cases was filed, he s literally enjoying our property knowing some loopholes in the court system.. We the landlords suffering by paying to lawyer. Wen these fraudulent Tenants get punished??
Good explanation sir
Sir, I request your view in this matter
Sir, what is this government is asking all personal details like bank accounts,aadhar,cell number, family details, cell numbers municipal tax receipt,ele,water receipts etc every thing except how many government employees are there in a family is it necessary? If everything we disclose than were is our so called HUMAN RIGHTS
Knowledge
Sir this is mallikarjun after watching this video even we were plaintiff in fact our lawyer misguided and the case is dismissed and pressurised us to not to go for high court it was happened in 2006 can we handle now
Valuable information sir...
Thank u Sir.
Thanks, God bless you.
Thank you too
Sir in mortgage, cash is paid as consideration for 5 years agreement without possession mortgage, now the mortgegor denies that not yet supported consideration. This is question of substantial question? The mortgage is registered ..can you give me decision of cases such established cash is not disputable..
Sir can we reopen the disposed criminal case
Sir, could u please explain also in telugu, every one can understand easily, otherwise its one side, r u can speak bilingually. Majority will get benefit.
R;/Sir,
We are CoOwner of house at Nagpur, but we want to add/mutate our Daughter name in City Survey no.3 Nagpur ,& also ln Nagpur Municipal Corporation Nagpur. Shall we execute regd Deed of addition of name of my daughter. Kindly give yr valuable opinion & comments pl.
Thanks MN Naidu Nagpur 24.03.21.
Sir Miku telugu vacha . Nenu doubt adagalani undi
Telugu lo cheppadi sir
Sir i want to talk to you.. Please help me sir.. I am loosing my house sir.. Please sir.. 🙏🏻🙏🏻🙏🏻🙏🏻
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Hi Sir, This is Thulasiram From Tirupati, I wants to talk to you Sir,
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There is a spell man who helped me bring back my ex..
He can help you
I know of a man who can help you win court case like he helped me without stress and delay....he can also help you .,,,,,I,ad,Vic,e you, ,t,e,xt,,him,,on ,,w,h,a,za,p
w"h"@"t"s"a"p"p him for help
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How to access unknown family property details which has been hidden from my father by his brothers. Property belongs to my grandfather, property was not divided among his sons. Grandfather is nomore. My father is not educated so their brothers are trying to cheat by saying there r no property. We r not able to access details through any source relatives,common friends.But my father is very sure of the property. Only details we know is grandfathers name and address whom should we contact any government authorities? Without putting case is there any other way
go to tehsil office or check revenue record from revenue office'
@@vinayakksharmaa do you know the procedure that would be very helpful
@@monicachandrashekar5159 that's all I know.
Sir I have some questions ... Can I have your contact???
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@@Advocateprasadcherukuri sir i m from kashmir i have case about property can i get some information I
@@Advocateprasadcherukuri Hii sir, may I have ur contact no plz?
Google me. You will get
@@Advocateprasadcherukuri Sir this is santosh , can I have your number please
Somebody please help me.. I m loosing my house.. 🙏🏻🙏🏻🙏🏻🙏🏻
Sir, I need your mail id sir.
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Bakwas
Tamil pls
Good information sir