Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Art. 134(1)(c) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution tJf India, Art. 184(1)(c)-Jurisdiction of High Court-Certificate on mere question of fact no certificate at all Constitution of India, Art. 186(1)-Special Jurisdiction of the Supreme Court to intervene on mere question of facts to be invoked -High Court not to arrogate that function to itself-Evidence Prosecution not to be blamed for the lacuna to adduce evidence by defence. The High Court has no jurisdiction to grant certificate under Art. 134(l)(c) of the Constitution on mere question of fa.ct, end is not justified in passing on such question to the Supreme Court for further consideration, thus converting the Supreme Court into .a. Court of Appeal on facts. No doubt the Supreme Court, in case of gross miscarriage of justice or departure from legal procedure such e.s vitiates the whole trial, possesses the power a.nd ha.s special jurisdiction to intervene under Art. 136(1) of the Constitution end also if the findings of fa.ct were such e.'s were shocking to judicial conscience; but no High Court can arrogate that function to itself because it finds itself helpless to redress the grievance. Certificate granted on mere question of fact would be no certificate aII; High Court should refuse sueh certificates under Art. 134(1)(c) end should ask the parties to approach the Supreme Court to invoke its special jurisdiction under Art. ' 136(1) of the Constitution. The accused end not the prosecution is to be blamed for the lacuna. in the defence in not adducing evidence in support of his contentions, which if forthcoming would have demolished the case of the prosecution. Narsingh and another v. The State of Uttar Pradesh, ([1955) 1 S.C.R. 238), Baladirz cf Others v. The State of Uttar Pradesh, (A.I.R. 1956 S.C. 181) and Sunder Singh v. The State of Uttar Pradesh, (A.I.R. 1956 S.C. 411), referred to. |
Judge | Hon'ble Mr. Justice Natwarlal Harilal Bhagwati |
Neutral Citation | 1956 INSC 41 |
Petitioner | Haripada Dey |
Respondent | The State Of West Bengal And Another |
SCR | [1956] 1 S.C.R. 639 |
Judgement Date | 1956-09-05 |
Case Number | 86 |
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