Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases:- (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, [Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 17, for “if the High Court certifies” (w.e.f. 1-8 1979)] [if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution.
[Cl. (2) omitted by s. 17, ibid. (w.e.f. 1-8-1979)]
(3) Where such a certificate is given, [Certain words omitted by s. 17, ibid. (w.e.f. 1-8-1979)] any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided.
Explanation:- For the purposes of this article, the expression “final order” includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.
133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters:- [Subs. by the Constitution (Thirtieth Amendment) Act, 1972, s. 2, for cl. (1) (w.e.f. 27-2-1973)] [(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India [ Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 18, for “if the High Court certifies”- (w.e.f. 1 8-1979)] [if the High Court certifies under article 134A]-
(a) that the case involves a substantial question of law of general importance; and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]
(2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.
(3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.
Source: The Constitution Of India (AS ON 14th JANUARY 2019), Government Of India, Ministry of Law and Justice, Legislative Department, Karnataka Official Language (Legislative) Commission and Directorate of Translations, Government of Karnataka, Page No. 53




