High CourtSingle JudgeAppeal dismissed.

EXPRESS NEWSPAPERS LTD. v. THE STATE OF MADRAS

Case / Petition Number:Civil Appeal No. 322 of 1970

Case Details & Bench

Court
High Court
Hon'ble Judges
  • A. Koshal
  • R. B. Misra
Judgment Date
1981-02-19
Court Decision / Holding
Appeal dismissed; Special Leave refused; High Court certificate revoked; no order as to costs.
Final Disposition
Appeal dismissed.

Parties to the Case

Appellants / Petitioners

  • Express Newspapers Ltd.

Respondents

  • The State of Madras

Legal Representation & Advocates

Counsels for Petitioners

  • • U. R. Lalit
  • • P. H. Parekh
  • • Miss Manik Tarkunde

Case Synopsis & Summary

This Supreme Court decision concerns the validity of a certificate issued under Article 133(1)(a) and (c) of the Constitution of India and whether such a certificate can be revoked if it does not conform to legal requirements. The Madras High Court granted a certificate permitting an appeal to the Supreme Court in Civil Appeal No. 322 of 1970, but challenges were raised regarding whether the certificate properly specified the substantial question of law and provided reasons for its issuance. The appellant contends that there exists a substantial question of law that merits determination and that the appeal may be treated as one under Special Leave after condoning any delay. The respondents object to the grant of Special Leave and rely on established precedents to argue the certificate may be defective if it fails to identify the principal questions of law involved and to furnish reasons for issuance. The Court cites Sohan Lal Naraindas v. Laxmidas Raghunath Gadit and Sardar Bahadur S. Indra Singh Trust v. Commissioner of Income Tax, Bengal, and concludes that no substantial question of law requiring determination is involved. Consequently, the Court refuses Special Leave, revokes the High Court certificate, and dismisses the appeal, with no order as to costs.

Provisions of Law Cited

Article 133(1)(a) and (c) of the Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that the High Court certificate under Article 133(1)(a) and (c) did not specify the substantial question of law requiring determination, nor did it provide reasons for issuing the certificate. The appellant seeks to have the appeal treated as one by Special Leave after condoning any delay on the ground that a substantial question of law exists and merits determination, justifying the grant of Special Leave.

Contentions of Respondents

The respondents challenge the validity of the certificate by asserting that it fails to identify the substantial question of law and to provide reasons for its issuance. They defend the necessity of a proper certificate, rely on established precedents that require clear specification of substantial questions and reasons, and advocate against permitting an appeal without a proper certificate if such requirements are not met.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Sohan Lal Naraindas v. Laxmidas Raghunath Gadit[1971] 1 S.C.C. 276PositiveCited and followed as precedents establishing that a certificate under Article 133 must specify the substantial question of law and provide reasons; if not, revocation is appropriate.
Sardar Bahadur S. Indra Singh Trust v. Commissioner of Income Tax, Bengal[1972] 1 S.C.R. 392PositiveCited and followed to support the principle that improper certification affects the validity of the appeal and justifies revocation of the certificate.

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Extracted Judgment Text

Exact text extracted from official judgment records.

948 A B EXPRESS NEWSPAPERS LTD. _v._ THE STATE OF MADRAS _February_ 19, 1981 [A. D. KosHAL AND R. B. MISRA, JJ.] _Constitutiou_ _of_ _India-Article_ 133(l)(a) _and_ (c) _(before_ _(lf/lendn1en1l_ _Certificate issutd, not in confonnity with_ _law-Supreme_ _Court,_ _if_ _could revoke-_ _the_ _cenificate-Special_ _leave,_ _if_ _could be rranted after_ _revoking_ _the certificate._ C 1. If the certificate granted by the Court under sub-clauses (a) and (c) of clause (1) of Article 133 of the Constitution, as it then stood, did not cooform· to leg:al requirements in _as_ much as it did not specify the substantial question of law wkich, accordin~ to High Court, required determination and no reasons ig respect of ~ssuance of the certificate appeared therein, the certificate could be revoked. [948 HJ D _Sohan Lal Naraindas_ v. _Laxn?idas Raghunat/1 Gadit_ [19711 1 S.C.C. 276; _Sardar_ _B11hadur_ _S._ _Indra Singh Trust_ v. _Conunissioner_ _of_ _Inconie_ _Tax, /Jengal_ [1972] I S.C.R. 392 followed. 2. In such a situation if it could be made out that a substantial question of law really required determination, this Court could treat the appeal as one by special leave after condoning the delay. In the instant case no such question is E' involved at all and, therefore, special leave cannot be granted. [949 B-C] CIVIL APPELLATE JURISDJCTION : Civil Appeal No. 322 of 1970. From the Judgment and Decree dated 25-3-1969 of the Madras High Court in Appeal No. 1195of1970. _U._ _R._ _Lalit,_ _P._ _H. Parekh_ and _Miss_ _Ma11ik_ _Tarkunde_ for the Appellant. The Judgment of the Court was delivered by KosHAL J. A preliminary objection bas been raised by Mr. Rangam to the effect that the certificate granted by the court under G sub-clauses (a) and (c) of clause (1) of Article 133 of the Constitution of India, as it then stood, does not conform to legal requirements in## asmuch as H (a) it does not specify the substantial question of law which the High Court states require determination; and (b) no reasons in •upport ol the issu11.nco of th~ certified~ appoar tbocoilt. # .. ## ' # • EXPRESS NEWSPAPERS _v._ MADRAS _(Koshal,_ _!.)_ 949 The preliminary objection is well fonnded in view of the decisions A of this Court in _Sohan Lal Naraindas_ v. _Laxmidas Raghunath Gadit(')_ and in _Sardar_ _Bahadur_ _S._ _Indra Singh_ _Trust_ v. _Commissioner_ _of_ _Income Tax, Bengal(')._ Faced with this situation Mr. Lalit wanted us tO' treat the appeal as one by special leave and prayed that such leave be granted now afterl B condoning the delay. That would have been certainly a reasonable course to follow if it was made out that a substantial question of law really requires determination. We have gone through the impugned judgment and find that no such question is involved at all. We, therefore, refuse special leave, revoke the certificate granted by the High Court and dismiss the appeal but with no order as to costs. C P.B.R. ~~(I)~~ ~~[1971]~~ ~~l~~ S;C.C. 276. (2) [1972] 1 S.C.R. 392. _Appeal dismissed._