VidhiSangh

Supreme Court of India · 14/08/2019

STATE OF RAJASTHAN & ORS. versus SHIV DAYAL & ANR.

[2019] 10 S.C.R. 243 · 2019 INSC 900

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Concurrent factual findings do not automatically foreclose a second appeal where a substantial question of law arises from perversity, disregard of pleadings, absence or misreading of evidence, or statutory error. The Court remitted mining-injunction appeals because the High Court had failed to frame and determine questions concerning land classification, statutory compliance, lease validity and maintainability. No view on the merits was expressed.

Issues

  1. Whether concurrent findings alone justified rejection of the State’s second appeals.
  2. Whether substantial legal questions concerning the mining injunction required examination.

Held

Result

Appeals allowed; High Court order set aside and second appeals remanded for fresh decision after framing appropriate substantial questions of law. Substitution amendments permitted; hearing requested preferably within six months.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 243.