Supreme Court of India
James Joseph v. State of Kerala
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, the High Court was right in holding that the appeal. under section 12A of the Act is available both in respect of questions of fact and questions of law.
Judgment, page 22
From the headnote
Kerela Forest Act, 1961: c ss. 12A and 11 - Appeal uls. 12A, against appellate order u/s. 11 - Scope of - Held: Appeal uls. 12A is available both in respect of questions of fact and questions of law - It would lie without specifying any limitation or restriction - Sub-section (2) of s. 12A/r. 2(1) and form of appeal under Kera/a Forest 0 (Appeal to the High Court) Rules does not require the memorandum of appeal to state substantial questions of law involved - On facts, th.ere was no need for High Court to frame any substantial question of law while admitting appeal or before posting the
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