Report No. 58

Findings of High Court to be final on facts

3.15. One of the reasons which have weighed with us in recommending the amendment of Article 134(1)(c), is that, ordinarily, findings of fact, recorded by the High Court should be final. Similarly, ordinarily, the conclusions recorded by the High Courts on questions of law should also be final unless there is a divergence of judicial opinion or the question of law is otherwise of general importance. The formula which we have decided to adopt is that certificate should be granted if the intended appeal involves a substantial question of law of general importance, which in the opinion of the High Court needs to be decided by the Supreme Court. The same expression has been used by us in our Report dealing with the amendment of Article 133(1)(c) of the Constitution.