Whether pure question of law can be raised at appellate stage?

In our opinion, though the question was not raised before
the High Court, the appellant need not be barred from raising
this question before us because it is a pure and substantial
question of law. No enquiry into any fact is really necessary to
decide the said question of law. The only fact which is not
clearly established on record is the point of time at which the
title in the goods passed to the appellant. But, in our opinion
(for the reasons to be given later), that fact is wholly irrelevant
for determining the authority of the 1st respondent to collect
demurrage from the appellant. We, therefore, proceed to
examine the correctness of the submission.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5968 OF 2011
M/S. RASIKLAL KANTILAL & CO.
V
BOARD OF TRUSTEE OF PORT OF
BOMBAY & OTHERS.


Citation: AIR 2017 SC 1283,(2017) 11 SCC 1.
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