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Report No. 58

Implications of proposed amendment

3.16. In that Report, we had elaborately explained the implications of the amendment which we had then recommended. Shortly stated, the adoption of this formula means that if the appeal in question of law on which there is a divergence of opinion amongst different High Court or the point of law is important, because it is one of first impression and is of general significance, the appellant is entitled to a, certificate because it is the primary function of the Supreme Court to resolve such divergence on important questions of law. It is the privilege and duty of the Supreme Court to introduce uniformity in the interpretation of laws and where a divergence of opinion is expressed by the High Courts, the party is justified in seeking a verdict of the Supreme Court on such a question of law of general importance.

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