NIROD BARAN BANERJEE vs DY. COMMISSIONER OF HAZARI BAGH

The Supreme Court held that a point not raised before the trial court or the High Court cannot be introduced for the first time in the Supreme Court, as per Order VI Rule 8 and Order VIII Rule 2 of the Civil Procedure Code. The Court emphasized that the question of whether an arbitration agreement meets the requirements of Article 299 of the Constitution is not merely a legal question but one requiring factual investigation. The appeal was dismissed as the appellant had previously accepted the arbitration agreement and participated in the proceedings without raising the issue earlier.