Supreme Court of India · 1962-12-21
SHRI DURGA PRASAD & ANOTHER vs THE BANARAS BANK LIMITED
- Citation / case number
- SC 1960/228
- Court
- Supreme Court of India
- Petitioner
- SHRI DURGA PRASAD & ANOTHER
- Respondent
- THE BANARAS BANK LIMITED
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Article 133(1) of the Constitution, the term 'Court immediately below' does not equate to 'Court subordinate to the High Court', thus necessitating a certification of a substantial question of law for appeals. The Court affirmed the High Court's decision that the first appellant, a member of the committee of inspection, was barred from purchasing the Bank's property due to suppression of interest. The appeal was dismissed as incompetent due to lack of proper certification under Article 133(1)(a).