AI Overview...
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Arguable Question of Law - Several sources highlight that courts consider whether a question of law or fact is arguable before proceeding with certain legal processes. For example, Commissioner of Income Tax VS Transport Corporation of India Ltd - Andhra Pradesh notes that the court's decision was influenced by an arguable question of law arising from tribunal findings, leading to a referral for opinion. Similarly, CHAIRMAN, TELE. , BHARAT SANCHAR NIGAM LTD. VS SINCLAIR INFRA TECH LTD. - Supreme Court discusses whether reciprocal obligations under an award can be enforced unilaterally, deeming it an arguable legal question. RAM LAKSHMAN SINGH VS GIRINDRA MOHAN HAZRA - Calcutta emphasizes that the nature of construction cases can raise arguable questions suitable for Supreme Court consideration. Keshav Gangaram Prabhu Mhambrey VS Vasant Atmaram Prabhu Mhambrey - Goa states that concurrent findings of fact do not disclose any arguable question, leading to rejection of revision petitions.
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Amendment of Pleadings - R. Manjula VS R. Ramanujam & Another - Madras underscores that amendments which do not alter the suit's core can be considered arguable questions, and courts often allow such amendments to ensure justice without changing the relief sought.
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Power to Dismiss Summarily - Both Vijayendra Kumar VS State of Bihar - Crimes and Vijayendra Kumar VS State Of Bihar - Supreme Court highlight that courts can dismiss appeals summarily only when no arguable question of law or fact exists, emphasizing the importance of arguability in exercising this power.
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Limitations and No Arguable Questions - Commissioner of Customs and Central Excise, Hyd VS Agrasen Syntex Private Ltd. , Hyderabad - Andhra Pradesh indicates that if no arguable question of law arises, courts dismiss reference applications, reaffirming the need for arguability to justify judicial engagement.
Analysis and Conclusion:
Courts consistently regard the presence of an arguable question of law or fact as a critical threshold for proceeding with appeals, amendments, or dismissals. The determination hinges on whether the question is sufficiently arguable to merit judicial consideration, ensuring that courts do not entertain frivolous or baseless claims. This principle maintains judicial efficiency and fairness, as seen across multiple cases and legal contexts.
Search Results for "Arguable Question"
1995 0 Supreme(AP) 749 • India - Andhra Pradesh
P.VENKATRAMA REDDY, P.RAMAKRISHNAM RAJU
Ratio Decidendi: The court's decision was influenced by the arguable question of law arising from the findings recorded by ... Finding of the Court: The court found that an arguable question of law arises from the findings recorded by the Tribunal ... , and accordingly directed the question to be referred for the opinion of the court. ... We are of the view that in the facts and circumstances and on the tenor of findings recorded by the Tribunal an arguable question#HL_END....
2008 0 Supreme(Mad) 3749 • India - Madras
M.VENUGOPAL
question. ... question and allowed the amendment, emphasizing that an amendment which does not change the nature and character of the suit can ... Ratio Decidendi: The court considered the applicability of limitation for the relief of mandatory injunction as an arguable ... question and proposed amendment does not introduce different relief and in that view, application for amendment of pleading was allowed. ... question, this Court opines that the civil revision petition deserves to be allowed and acc....
2005 0 Supreme(SC) 360 • India - Supreme Court
RUMA PAL, C.K.THAKKER
question of law - Question as to whether reciprocal obligations under an Award can be enforced unilaterally.- Held it was arguable ... Conciliation Act, 1996, Sections 34, 36 and 37 - Arguable ... question- Accordingly execution of the Award. stayed- Matter remitted to the High Court, The High requesting to dispose of both ... Having considered the facts of the case, we are of the view that there was an arguable question of law which appears to have been overlooked by....
1997 7 Supreme 190 • India - Supreme Court
D.P.WADHWA, S.C.AGRAWAL
arguable question of law-Application u/s 256(2) was rightly rejected by High Court. ... The questions raised by the assessee in the application submitted under Section 256(2) of the Act do not, therefore, raise any arguable ... question of law and the said application was rightly rejected by the High Court. ... The questions raised by the assessee in the application submitted under Section 256(2) of the Act do not, therefore, raise any arguable question#HL_E....
1996 0 Supreme(Guj) 618 • India - Gujarat
N.N.MATHUR
question of facts and law – Court is constrained to adopt same course which Court have adopted in Special civil Application, if ... question of facts and law so that, if necessary, the Court may request the certifying lawyer to assist the Court – Criminal Revision ... is regularly appearing before this Court to the effect that the application made by the applicant is bona fide and it involves arguable ... question of facts and law. ... question of facts and law so that, if necessary, the Court may reque....
1962 0 Supreme(Cal) 116 • India - Calcutta
H.K.BOSE, DEBABRATA MOOKHERJEE
an arguable question that could be passed on to the Supreme Court for consideration. ... was an arguable question that could be passed on to the Supreme Court for consideration. ... nature of the construction in individual cases determined whether it was a "premises" and that the facts of this case raised an arguable ... Under the circumstances it appears to us to be an arguable question whether the structure standing on the land which bad been built by the respondent....
• India - Crimes
B.P.SINGH, ARUN KUMAR
of fact—Power to dismiss appeal summarily must be exercised only in a case where there was no arguable question of fact or law—Conviction ... question of fact or law. ... High Court has the power to dismiss a criminal appeal summarily, that power must be exercised only in a case where there is no arguable ... While the High Court has the power to dismiss a criminal appeal summarily, that power must be exercised only in a case where there is no arguable question of fact or law. 4. ... ....
2004 8 Supreme 654 • India - Supreme Court
ARUN KUMAR, B.P.SINGH
of law and of fact-Power to dismiss appeal summarily must be exercised only in a case where there was no arguable question of fact ... question of fact or law. ... High Court has the power to dismiss a criminal appeal summarily, that power must be exercised only in a case where there is no arguable ... While the High Court has the power to dismiss a criminal appeal summarily, that power must be exercised only in a case where there is no arguable question of fact or law. ... 4. ... This....
2000 0 Supreme(AP) 60 • India - Andhra Pradesh
. – Court is of the view that no arguable question of law arises, which needs to be answered by this Court – Reference Applications ... ... ( 3 ) IN view of the settled legal position, we are of the view that no arguable question of law arises, which needs to be answered by this Court. Hence, the reference applications are dismissed. ... ... In the said case, the Supreme court was not concerned with the question of levy of penalty. The decision in Ujagar prints case was referred to by Delhi High court....
1968 0 Supreme(Goa) 11 • India - Goa
V.S.JETLEY
question for interference. ... The court held that there were concurrent findings of fact by the lower courts, and the revision petition did not disclose any arguable ... The revision petition does not disclose any arguable question. In this view of the matter the petition is rejected in limine. It was presumably because the complainant and the petitioners are relatives therefore a deterrent sentence was not imposed.
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