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september 1956

Supreme Court of India · 1956-09-05

HARIPADA DEY vs THE STATE OF WEST BENGALAND ANOTHER.

Citation / case number
SC 1954/90294
Court
Supreme Court of India
Petitioner
HARIPADA DEY
Respondent
THE STATE OF WEST BENGALAND ANOTHER.
Bench
BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court ruled that the High Court lacks jurisdiction to grant a certificate under Article 134(1)(c) of the Constitution on mere questions of fact, and cannot pass such questions to the Supreme Court, effectively converting it into a court of appeal on facts. The Court emphasized that it retains special jurisdiction under Article 136(1) to intervene in cases of gross miscarriage of justice or shocking findings of fact, but the High Court must not arrogate this function. The Court held that the accused is responsible for any evidentiary lacuna in their defense, which could have undermined the prosecution's case.

HARIPADA DEY vs THE STATE OF WEST BENGALAND ANOTHER. · Niyam