Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Certificate by High Court Propriety of Appeal to Supreme Court Delay in delivery of judgment- Art. 134 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Appeal to Supreme Court—Certificate by High Court— Propriety of— Delay in delivery of judgment—If a proper ground for granting certificate—Constitution of India, Art. 134(1)(c).The appellant was tried by the Sessions Judge and acquitted of the charge of murder. On appeal the High Court convicted him and sentenced him to imprisonment for life. The appellant applied for and was granted a certificate under Art. 134 (1) (c) of the Constitution for appeal to the Supreme Court on the ground that there was unusual delay in delivering the judgment of the High Court and that the judgment failed to deal with certain questions of fact which were raised at the hearing of the appeal. Held, that the certificate granted by the High Court was not a proper certificate. The mere ground of delay in giving judgment did not fall within the words “fit one for appeal to the Supreme Court” in Art. 134 (1) (c). The points raised in the appeal before the High Court were questions of fact and the High Court was not justified in passing such questions on to the Supreme Court for further consideration thus converting the Supreme Court into a court of appeal on facts, |
Judge | Hon'ble Mr. Justice J. L. Kapur |
Neutral Citation | 1962 INSC 139 |
Petitioner | Achyut Adhicary |
Respondent | State Of West Bengal |
SCR | [1963] 2 S.C.R. 47 |
Judgement Date | 1962-04-12 |
Case Number | 115 |
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