MAHABIR PRASAD AGARWALA Vs. PAUL SANGEY

JUDGEMENT

(1.) This is an application for the grant of a certificate under Art.133(1) of the Constitution of India for appeal to the Supreme Court from a judgment of this Court in C.A. No. 14 of 1976, dated 7th December, 1977.*

(2.) Under Art.133(1) of the Constitution, as amended by the Constitution (Thirtieth Amendment) Act, 1972, a certificate granted by the High Court, in order to amount to a valid passport for the entry of an appeal to the Supreme Court, must certify that the case not only involved a question of law but that the said question is a substantial one and is also of general importance and that in the opinion of the High Court, the said question needs to be decided by the Supreme Court. It has been observed by the Supreme Court in the State Bank of India v. N. Sundara Money, AIR 1976 SC 1111 that (at p. 1112):-

(3.) In that case the Supreme Court has further observed that "the grant of a constitutional passport to the Supreme Court by the High Court is not a matter of easy insouciance but anxious advertence to the dual vital requirements built into Art.133(1) by specific amendment "and that failure thereof" stultifies the scheme of the Article and floods" the Supreme Court "with cases of lesser magnitude with illegitimate entry." Judged by these standards let me, therefore, consider whether we can grant a certificate as prayed for in this case.