CiteTEXT
...appeal to the Supreme Court falling within the scope of Article 134(1) or the enlarged jurisdiction permitted by Article 134(2) liable to shorthand hearing and peril of summary dismissal? Brevi ma...)-(b) * * *(c) an appeal under sub-clause (a) or sub-clause (b) of clause (1) of Article 134 of the Constitution, or under the Supreme Court (Enlargement of Criminal Appellate ...and falls squarely within Article 145(1)(b)? This is the main crux of the debate.16. It would be noticed that Article 134(2) empowers Parliament to expand the jurisdiction of...
...application. But the position is different when a case is covered under Article 134(1)(a) or Article 134(1)(b) being covered under Section 2 of the Supreme Court (Enlargement of Criminal Appellate ...Article 134-A of the Constitution of India, 1950 (in short “the Constitution”) or is made under Article 136 of the Constitution there is no right of appeal involved. In such cases Section 389(3) has no...”) in Special Case No. 4 of 1996 during the pendency of the appeal and to suspend the sentence of the appellant and the fine.2. Learned counsel for the appellants...
...appeals falling within its fold should be routinely disposed of at the preliminary hearing. According to this Court, if every appeal under Article 134(1)(a) or (b) or Section 2(a) of the Enlargement of Jurisdiction...Constitution Bench did recognize that in an exceptional category of cases where there is no point at all, an appeal which falls within the purview of either Article 134(1)(a) or (b) or Section 2(a) of the Enlargement of ...dismiss an appeal, which is instituted either under Article 134(1)(a) or (b) or Section 2 of the Enlargement of Jurisdiction Act, at a preliminary hearing. It has been submitted that in terms of the...
...under Article 134 of the Constitution and such leave was granted by an order dated November 25, 1970. Hence, the present appeal.2. The main question debated before us was whether the High Court had ...particular point of time when its inherent jurisdiction is sought to be invoked. The High Court was in the circumstances entitled to entertain the subsequent application of Respondents 1 and 2 and...High Court proceeded to consider the subsequent application of Respondents 1 and 2 for the purpose of deciding whether it should exercise its inherent jurisdiction under Section 561-A. This the High...
..."limitation" means a restriction or containment.286The Constitution uses the word "limitations" in two provisions - Article 134(2) and Entry 50 of List II of the Seventh Schedule. ...Supreme Court in criminal matters. Article 134(2) provides that Parliament may by law confer on the Supreme Court any further powers...contractual agreement. Royalty meets the criteria of tax under Article 366(28) of the Constitution; b. The legislative declaration under Section 2 of the MMDR Act denudes the States of any power to...
...revision at this stage. I, therefore, declined to exercise revisional jurisdiction.
2. I am, therefore, of the view that this is not a matter to which Article 134 of..., therefore, of the opinion that Article 134 of the Constitution does not apply to my order.
Divan, J.
3. The petitioner in this Criminal...application. The present Criminal Application has been taken out for a certificate under Article 134(1)(c) of the Constitution of India that this case is a fit one for appeal...
...(Articles 132, 133, 134); discretionary jurisdiction to grant special leave to appeal (Article 136) and very wide discretionary powers, in the exercise of its jurisdiction, to pass decree or make such order...Supreme Court [Articles 134(2), 139, 140]. Article 141 says that the law declared by the Supreme Court shall be binding on all courts within the territory of India and Article 144 directs that all...endeavour to answer the question, we may begin with noticing that the Supreme Court of India is established by Article 124 of the Constitution which specifies its jurisdiction and powers and enables...
...this Court said that the power under sub-clause (c) conferred on the High Court discretion which is to be exercised on judicial principles. The jurisdiction under Article 134(1)(c) is not that of an...A.N Ray, J.— This is an appeal by certificate under Article 134(1)(c) of the Constitution against the judgment, dated 22nd December, 1966 of the High Court of Assam and...the circumstances of the case.7. The right to appeal to this Court in criminal matters is regulated by Article 134. In the present case, we are concerned with sub...
...under Article 136 of the Constitution, Section 389(3) of the Code has no application. But the position is different when a case is covered under Article 134(1)(a) or ...Article 136 of the Constitution of India, 1950 (in short the 'Constitution') or is made under Article 134(A) of the Const...Madhya Pradesh . It was held that under Section 379 of the Code which is in line with Article 134(1)(a) & (b) of the Constitution, an...
...this Original Petition filed invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. FAO No.134 of 2017 2. The appellant filed I.A.No.57...applications were dismissed by the learned Sub Judge on 21.03.2017 and this appeal is filed challenging the said common order. O.P.(C) No.391 of 2017 & FAO No.134 of 2017... 3. Parties are referred to as per their rank in the Original Petition. O.P.(C) No.391 of 2017 & F.A.O.No.134 of 2017 4. Shorn of...
...circumstance and vouchsafe a full and fair trial could not be any justification for granting a certificate under article 134(1) (c) and converting this Court into a Court of Appeal on facts. No High Court has the ...opinion that he bad no jurisdiction to grant a certificate under article 134 (1) (c) in a case where admittedly in his opinion the question involved was one of fact-where in spite of a full and fair trial...
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refuse to give a certificate under article 134(1)(c) and ask the parties to approach us invoking our special jurisdiction...
...the jurisdiction of a Small Cause Court (Article 38, schedule 2 Act IX of 1887). It is argued that the decision in Komu v. Krishna I.L.R. 11 Mad. 134 is an authority...is a suit to recover arrears of maintenance fixed by contract at a certain monthly sum.
2. We are of opinion that this is "a suit relating to maintenance " and there¬fore excluded from...Courts to be cognizable by a Court of Small Causes, while suits to determine the amount of maintenance had been decided not to be so cognizable Sidlingapa v. Sidava Kom Sidlingapa I.L.R. 2...
...clearly not entitled to get the certificate under sub-clause (c) of Article 134 (1) on that basis.
3. The alternative ground taken by Shri Bapu Singh is founded on ...country in exercise of the power given by clause (2) of Article 134. That clause provides that the Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals...satisfied that no part of the Act is to be considered as having been incorporated in Article 134 of the Constitution. Section 2 of the Act of 1970 is pari passu with Sections 109 and 110 of...
...P.K Goswami, J.— This appeal on certificate under Article 134(1)(c) of the Constitution is from the judgment of the Madhya Pradesh High Court. The certificate was granted as the High Court thought that the ap...(briefly the Act).2. The High Court is not right in holding that a certificate is necessary under Article 134(1)(c) of the Constitution if the appellants have a right of....3. Section 2 of the Act reads as follows:“2. Without prejudice to the powers conferred on the Supreme Court by clause (1) of Article 134 of the Constitu...
...possesses or may be empowered to exercise jurisdiction. Article 131 confers original jurisdiction on the Supreme Court in certain matters, Articles 132, 133 and 134 confer appellate powers upon it in...134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of the Constitution under any existing law. Article 136...High Court. Article 134(2) empowers the Parliament to confer by law on the Supreme Court any ‘further powers’ than those conferred by clause 1 of the article, to entertain and hear appeals from any...
...CAV ORDERPetitioner has prayed for quashing of Ram Krishna Nagar P.S Case No. 134 of 2012 invoking the extraordinary jurisdiction in terms of...Article 226 of the Constitution of India.2. It has been submitted on behalf of the petitioner that petitioner is a registered company..., Respondent No. 2 who happens to be one of the staff of Ashoka Sales at the instigation of Ashok Kumar Poddar filed written report consisting bald allegation whereupon Ram Krishna Nagar P.S Case No. 134/2012...
...:
1. Revisional Jurisdiction
2. The power of superintendence
3. Criminal ...exercises ordinary original civil jurisdiction conferred by sub-section (2) of section 5 on that Court, an appeal shall lie from the judgment of the single Judge to a Division...the Court. Moreover, the question as to whether an appeal would lie or not would not govern the exercise of writ jurisdiction by this Court. Thus, the submission that under Article 133, this Court...
.... Revisional Jurisdiction2. The power of superintendence3. Criminal Jurisdiction”15. Article 133 and 134 ....10. Powers of Judges.—(1) Where a single Judge of the High Court of Delhi exercises ordinary original civil jurisdiction conferred by sub-section (2) of section 5...govern the exercise of writ jurisdiction by this Court. Thus, the submission that under Article 133, this Court would not have the jurisdiction to hear the present petition is untenable...
...).5. Article 134 of the Constitution defines the appellate jurisdiction of the Supreme Court. It reads:“134. (1) An appeal shall lie to the Supreme Court from...pursuant to Article 134(2) cannot influence the language of Article 134(1)(c) and ??? obligations arising thereunder. While limiting such a right in cases of imprisonment for lif...' rigorous imprisonment. Phoolchand and Shyamlal have now applied for certificate under Article 134 of the Constitution of...
...right in holding that a certificate is necessary under Article 134(1)(c) of the Constitution if the appellants have a right of appeal under Section 2 of the Act.”18. In Ram Kuma...Code of 1973 (Act 2 of 1974) on the recommendation of the Law Commission of India in its Forty-first Report. Article 134(1)(a) of the Constitution envisages that an appeal shall lie to the Supreme Court....”10. In 1968 a Private Member's Bill was introduced in Parliament which proposed that the limited jurisdiction of the Supreme Court contemplated under Article 134(1)(a) and (b) shou...