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1980 Supreme(Kar) 79

M.K.SRINIVASA IYENGAR, M.RAMA JOIS, V.S.MALIMATH
KESHAVA S. JAMKHANDI – Appellant
Versus
RAMACHANDRA S. JAMKHANDI – Respondent


( 1 ) THE Division Bench consisting of justice Jagannatha Shetty and justice Patil has referred the following question for the opinion of the Full bench: "whether a party who has failed to make an oral application immediately after the passing or making of a judgment, decree, final order or sentence, could file a written application for a certificate for appeal tc the Supreme Court, at any time alter the passing or making of judgment, decree etc. ?" it is stated in the order of reference that the judgments in all these cases cut of which these S. C. L. APs. have arisen were pronounced after the constitution (Forty Fourth Amendment) Act, 1978 incorporating Art. 134a came into force on 1-8-1979, Rule 3 of Chapter XIX of the Karnataka high Court Rules was suitably amended so as to bring it in consonance with art. 134a of the Constitution. Rule 3 as amended provides that a party desiring to appeal to the Supreme court under Arts 132 and 133 of the constitution may apply orally for grant of certificate immediately after the pronouncement of the judgment by the Court and the Court may grant or refuse the same. The Division bench consisting of the Chief Justice and Justice Bopanna, which















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