Section 109 of The Code of Civil Procedure, 1908
When appeals lie to the Supreme Court.
1[109. When appeals lie to the Supreme Court.-- Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies
- (i)that the case involves a substantial question of law of general importance; and
- (ii)that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]
Summary
- This section defines when a person has the right to appeal a High Court decision to the Supreme Court.
- An appeal is allowed if the High Court certifies that the case involves a "substantial question of law".
- This question of law must be of "general importance".
- The High Court must also be of the opinion that the Supreme Court needs to decide this specific question.
- These rules are subject to the requirements of the Constitution regarding Supreme Court appeals.
- It applies to any judgment, decree, or final order made by a High Court in a civil proceeding.
Practical examples
FAQ
1. What is required for a Supreme Court appeal under Section 109 of The Code of Civil Procedure, 1908?
Under Section 109 of The Code of Civil Procedure, 1908, the High Court must certify that the case involves a substantial question of law of general importance that the Supreme Court should decide.
2. Does Section 109 of The Code of Civil Procedure, 1908, apply to criminal cases?
No, Section 109 of The Code of Civil Procedure, 1908, is part of the civil code and applies to judgments, decrees, or final orders in civil proceedings.
3. Who decides if a question of law is important enough for the Supreme Court under Section 109 of the civil rules?
According to Section 109 of The Code of Civil Procedure, 1908, it is the High Court that must certify its opinion on the importance of the legal question.
Test yourself
1.Under Section 109 of The Code of Civil Procedure, 1908, a High Court must certify two things for a Supreme Court appeal. One is that the case involves a substantial question of law. What is the other?
2.Section 109 of The Code of Civil Procedure, 1908, is subject to which higher legal authority?
3.According to Section 109 of The Code of Civil Procedure, 1908, an appeal can be made from:
4.What specific quality must the question of law have under Section 109 of The Code of Civil Procedure, 1908?