SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1951 Supreme(Mad) 11

BASHEER AHMED SAYEED, GOVINDA MENON
Chunchu Narayana. – Appellant
Versus
Karrapati Kesappa. – Respondent


Advocates:
Mrs.J. Sithamahalakshmi and N. Ramamohan Rao for Petitioners.
M.S. Ramachandra Rao for Respondent.
The Public Prosecutor (V.R. Rangaswami Aiyangar) for the State.

Govinda Menon, J.-The petitioner seeks permission to appeal to the Supreme Court against the judgment of this Court in Crl.R.C.No. 566 of 19501 under Article 134 (1) (c) of the Constitution of India, which is in the following terms:

“An appeal shall lie to the Supreme Court from any judgment or final order or sentence in a criminal proceeding of a High Court in the territory of India, if the High Court certified that the case is a fit one for appeal to the Supreme Court.”

The words of this article are analogous to the provisions of section 109 (c), Civil Procedure Code, which says that an appeal shall lie to the Supreme Court from any decree or order if the case is certified as a fit one for appeal to the Supreme Court. Since Article 134 (c) has come into force only about a year ago, our attention has been invited only to one or two cases dealing with the interpretation of Article 134 (1) (c), but various cases on the applicability or the interpretation of section 109(c), Civil Procedure Code, have been brought to our notice and in the absence of any positive authority we should be guided by what the previous decisions have laid down regarding the criterion to be adopted in granting








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top