Judgement

SINHA, J. : - This is another appeal which comes before this Court on "Leave" granted by the High Court of Judicature at Allahabad which does not fulfil the requirements of Article 134 (1) (c) of the Constitution. Only the other day this Court in the case of Baladin Lodhi v. State of Uttar Pradesh, 1956 SC 181had occasion to draw the attention of that Court to the observation made in the reported case of Nar Singh v. State of Uttar Pradesh 1954 SC 457

It was observed by this Court that the grant of a certificate under Article 134 (1) (c) is not a matter of course but that the power has to be exercised after considering what difficult questions of law or principles were involved in the case which should require further consideration of this Court. If the case as decided by the High Court on the face of it did not involve any such questions, then apparently there was no justification for the High Court to certify that the case is a fit one for appeal to this Court.

It was further observed that the word "certifies" in sub-article (1) (c) is a strong word which requires the High Court to look closely into the case to see if any special consideration arise. If a case does not inv