Case Note & Summary
The dispute arose from an appeal filed by Express Newspapers Ltd. against the State of Madras, concerning the issuance of a certificate under Article 133(1)(a) and (c) of the Constitution of India. The Supreme Court examined whether the certificate conformed to legal requirements, specifically whether it specified a substantial question of law and provided reasons for its issuance. The court found that the certificate failed to meet these criteria, as it did not specify the substantial question of law that required determination and lacked any supporting reasons. Consequently, the court considered the preliminary objection raised regarding the validity of the certificate. The court noted that if a substantial question of law had been identified, it could have treated the appeal as one by special leave after condoning the delay. However, upon reviewing the judgment, the court concluded that no such question was present. Therefore, the Supreme Court revoked the certificate granted by the High Court, dismissed the appeal, and made no order as to costs. The decision underscored the importance of adhering to procedural requirements in the issuance of certificates under Article 133. The court's ruling emphasized that without a substantial question of law, the appeal could not proceed.
Headnote
A) Constitutional Law - Revocation of Certificate - Non-Conformity with Legal Requirements - Constitution of India, Article 133(1)(a) and (c) - The certificate issued by the High Court did not specify the substantial question of law requiring determination and lacked supporting reasons, thus it could be revoked. The court held that in the absence of a substantial question of law, special leave could not be granted. (Paras 948-949)
Issue of Consideration
Whether the Supreme Court could revoke a certificate issued under Article 133(1)(a) and (c) of the Constitution and grant special leave thereafter.
Final Decision
The Supreme Court revoked the certificate granted by the High Court, dismissed the appeal, and made no order as to costs.
Law Points
- Constitutional law
- Article 133
- revocation of certificate
- special leave
- substantial question of law
