What does substantial question of law mean?

To be “substantial”, a question of law must be debatable, not previously settled by the law of the land or any binding precedent, and must have a material bearing on the decision of the case and/or the rights of the parties before it, if answered either way.

What is substantial question of law of general importance?

Obviously, a question of law of general public importance, the decision of which is likely to affect a large section of the public, will be a substantial question of law. A question of law on which there is great divergence of judicial opinion will be a substantial question of law.

What is the meaning of question of law?

question of law in American English noun. a question concerning a rule or the legal effect or consequence of an event or circumstance, usually determined by a court or judge. Compare question of fact.

What is substantial question of law Quora?

A substantial question of law is a purly a question to be answered on point of law oly. i.e. whether a suit is barred under any provison of the law is a question of law. A question of fact arose out of the fact only. whether a person has done a particular act or not .

What is a substantial question?

Substantial Question means a substantial issue raised on appeal as to the fairness or timeliness of the relevant Honor proceedings which (a) very likely has a factual basis, and (b) more likely than not affected the outcome of such proceedings, as more particularly described in Section IV.

What is substantial question of law Upsc?

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.

What is meant by question of law and question of fact?

Every question which has been authoritatively answered by the law is a question of law. Every question which has not been determined before and authoritatively answered by the law is a question of fact.

What is an example of a question of law?

Example of a question of law (up to the judge or judiciary to decide): If a man shot at another man (who was in his backyard and had raped his wife earlier that evening), but hit a neighbor child and killed her when his bullet did not find its true…

Who has to formulate the substantial question of law?

the High Court
Therefore, if the substantial question of law framed by the appellants are found to be arising in the case, only then the High Court is required to formulate the same for consideration. If no such question arises, it is not necessary for the High Court to frame any substantial question of law.

What is difference between question of law vs question of fact?

How do you answer a law problem question example?

6 Top Tips For Answering Problem Questions In Law

• Read the question carefully.
• Find a way to break down the question.
• Show what you know.
• Reason, reason, reason!
• Get the structure and presentation right.
• Reaching a conclusion.

What does substantial mean in a case of law?

“23. To be “substantial” a question of law must be before it are concerned. To be a question of law for a just and proper decision of the case. An case unless it goes to the root of the matter.

When is a question not a substantial question of law?

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.

When does the High Court formulate a question of law?

Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:

When does a fact become a question of law?

Court observed in Mahavir Woollen Mills v. CIT A question of fact becomes a question of law, if the finding is either without any evidence or material, or if the finding is contrary to the evidence, or is perverse or there is no direct nexus between the conclusion of fact and the primary fact upon which that conclusion is based.