Full Judgment Text
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PETITIONER:
EXPRESS NEWSPAPERS LTD.
Vs.
RESPONDENT:
THE STATE OF MADRAS
DATE OF JUDGMENT19/02/1981
BENCH:
KOSHAL, A.D.
BENCH:
KOSHAL, A.D.
MISRA, R.B. (J)
CITATION:
1981 AIR 968 1981 SCR (2) 948
1981 SCC (2) 479 1981 SCALE (1)390
ACT:
Constitution of India-Article 133(1)(a) and (c) (before
amendment)-Certificate issued, not in conformity with law-
Supreme Court, if could revoke the certificate-Special
leave, if could be granted after revoking the certificate.
HEADNOTE:
1. If the certificate granted by the Court under sub-
clauses (a) and (c) of clause (1) of Article 133 of the
Constitution, as it then stood, did not conform to legal
requirements in as much as it did not specify the
substantial question of law which, according to High Court,
required determination and no reasons in respect of issuance
of the certificate appeared therein, the certificate could
be revoked. [948 H]
Sohan Lal Naraindas v. Laxmidas Raghunath Gadit [1971]
1 S.C.C. 276; Sardar Bahadur S. Indra Singh Trust v.
Commissioner of Income Tax, Bengal [1972] 1 S.C.R. 392
followed.
2. In such a situation if it could be made out that a
substantial question of law really required determination,
this Court could treat the appeal as one by special leave
after condoning the delay. In the instant case no such
question is involved at all and, therefore, special leave
cannot be granted. [949 B-C]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 322 of
1970.
From the Judgment and Decree dated 25-3-1969 of the
Madras High Court in Appeal No. 1195 of 1970.
U.R. Lalit, P.H. Parekh and Miss Manik Tarkunde for the
Appellant.
The Judgment of the Court was delivered by
KOSHAL J. A preliminary objection has been raised by
Mr. Rangam to the effect that the certificate granted by the
court under sub-clauses (a) and (c) of clause (1) of Article
133 of the Constitution of India, as it then stood, does not
conform to legal requirements in as much as-
(a) it does not specify the substantial question
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of law which the High Court states require
determination; and
(b) no reasons in support of the issuance of the
certificate appear therein.
949
The preliminary objection is well founded in view of
the decisions of this Court in Sohan Lal Naraindas v.
Laxmidas Raghunath Gadit and in Sardar Bahadur S. Indra
Singh Trust v. Commissioner of Income Tax, Bengal.
Faced with this situation Mr. Lalit wanted us to treat
the appeal as one by special leave and prayed that such
leave be granted now after condoning the delay. That would
have been certainly a reasonable course to follow if it was
made out that a substantial question of law really requires
determination. We have gone through the impugned judgment
and find that no such question is involved at all. We,
therefore, refuse special leave, revoke the certificate
granted by the High Court and dismiss the appeal but with no
order as to costs.
P.B.R. Appeal dismissed.
950