Report No. 45

8. Meaning of "substantial question of law".-

That the word 'substantial' means substantial between the parties, was laid down long ago1 by the Privy Council². This was pointed out at length in a Madras case.³ In one case decided by the Supreme Court,⁴ it was pointed out that the ground on which the appeal had been dismissed by the High Court, raised a question of law of importance to the parties, and that being so, the certificate had been properly granted in that case.

1. (a) Raghunath Prasad Singh, AIR 1927 PC 110. (b)Guran Datta v. Ram Datta, AIR 1928 PC 172 (173).

2. The apparently contrary dicta in Moti Chand, 1902 ILR 24 All 174 (PC) followed in Bhagwant Lal, AIR 1928 All 10 (20), are now obsolete.

3. Subbarao v. Veeraju, AIR 1951 Mad 971 (972), paras. 6-7 (FB).

4. Deputy Commissioner v. Rama, AIR 1953 SC 521 (523): 1954 SCR 506.

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