The appeal to the supreme court in civil cases lies if the highcourt certifies that the case involves a substantial question of law of general importance and that in the opinion of High court the said question needs to be decided by the supreme court can also grant a special leave to appeal in such civil cases explain.....??????
Answers
Answer:
This Report deals with civil appeals to the Supreme Court Introduc- on a certificate of fitness under article l33(1)(c) of the Constttu- I "W- tion. The scope and genesis of this Report should be first explained.
The Government of India had under consideration the ques- tion of limiting or restricting the right of appeal to the Supreme Ccurt. The previous Law Commission was requested to exa- mine whether it is at all rational to base the right of appeal on the value of the property to which the litigation relates. This question was examined by the Law Commission in its Report on the appellate jurisdiction of the Supreme Court in civil matters.' After due consideration and after considering the views of all High Courts, Bar Associations and State Govern- ments in the country, the Law Commission came to the con- clusion that in civil proceedings in the High Court an appeal should be permitted to the Supreme Court only if the High Court considers the case fit for appeal, keeping intact, of course, the discretion of the Supreme Court to grant special leave to appeal under article 136. The Law Commission, there- fore, recommended the deletion of clauses (a) and (b) of article 133(1) of the Constitution, and recommended amend- ment of article 133(1) so as to limit it to cases where the High Court certifies that the case is a fit one for appeal to the Supreme Court. This 'Report of the Law Com- mission was submitted on the 30th of August, 1971. On the reconstitution of the Law Commission, Government have re- quested the Commission to examine the matter further. To quote from the letter of the Minister of Law and Justice} "Be- fore the Government takes a decision on the said recommendation made by the Law Commission the Government of India would like to have the views of the new Law Commission reconstituted under your Chairmanship. I have therefore to request you to give the view of the Law Commission on the said question as regards suitable amending article 133 of the Constitution so as to abolish the basis of valuation as conferringaright of appeal on a litigant. It may not _be necessary for the Law Commission to investigate the matter again in detail as the earlier Law Com- mission had already fully considered the matter. On the ma- terial that was before the said Commission the Government of India would like to know whether the reconstituted Law Com- mission concurs in the conclusions and the recommendations
Explanation:
HOPE IT IS WELL CLERAD TO UH MATE ,,,
MARKK IT AS BRAINLISHT