MANAGEMENT OF THE HINDUSTHAN COMMERCIALBANK LTD., KANPUR, vs BHAGWAN DASS

The Supreme Court held that the provisions of Order 13 Rule 2 of the Supreme Court Rules, 1950 are mandatory, requiring that an application for special leave to appeal cannot be entertained unless the High Court has first been moved and has refused to grant a certificate under Article 132(1) or Article 133. The Court found that the appellant's special leave was granted in contravention of this rule, as no application for exemption from compliance was made under Order 45 Rule 1. Consequently, the special leave to appeal was revoked.