Article 133 of CoI : Article 133: Appellate Jurisdiction Of The Supreme Court In Appeals From High Courts Regarding Civil Matters

CoI

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Explanation using Example

Imagine a scenario where a business owner in Mumbai is involved in a legal dispute with a supplier over a contract. The High Court of Maharashtra passes a final order stating that the contract is void due to a specific interpretation of a law that impacts similar contracts nationwide. The business owner believes this issue is of general importance and needs to be decided by the Supreme Court of India.

The business owner requests the High Court to certify the case under Article 134A, emphasizing that:

  • The case presents a substantial question of law that will have wide-reaching implications.
  • The High Court agrees that the question of law is significant enough to warrant a decision from the Supreme Court.

With the High Court's certification, the business owner can now appeal to the Supreme Court under Article 133, seeking a definitive judgement on the legal question that affects similar contracts across India.

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