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Report No. 58

Questionnaire On Structure And Jurisdiction of The Higher Judiciary (OCTOBER, 1972)

1. (a) Are you in favour of limiting the scope of criminal appeals under Article 134 of the Constitution?

(b) If so, do you favour limiting such appeals to cases where a substantial question of law of general importance is involved?

(c) If not, do you suggest any other limitations in this regard?

2. Would you favour any modification as to the scope of appeal under Article 136 of the Constitution, against judgments of High Courts?

3. (a) Do you favour the view that in petitions to the Supreme Court under Article 32, disputed questions of fact should not be gone into?

(b) If so, what course would you suggest for the trial of issues of facts in such petitions?

(c) If not, do you think that evidence should be recorded in a petition under Article 32 in the same manner as in a suit?

4. In relation to the grant of ad interim stay by the Supreme Court, in petitions under Article 32, do you favour the same limitations as have been suggested below1 in relation to the High Courts?

1. See Questions 5, infra.

Structure and Jurisdiction of the Higher Judiciary Back

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