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february 1966

Supreme Court of India · 1966-02-04

STATE OF UTTAR PRADESH vs R. B. AGARWAL

Citation / case number
SC 1965/26
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
R. B. AGARWAL
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,SIKRI, S.M.,RAMASWAMI, V.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.

Judgment text excerpt

The Supreme Court ruled that under Article 134(1)(c) of the Constitution, the State can apply for a certificate to appeal to the Supreme Court if a conviction is overturned by the High Court. The Court emphasized that such applications cannot be dismissed outright as incompetent and must be considered on their merits. The Court disapproved previous observations in S. Majumdar v. A. Brahmachari and others and State Government, Madhya Pradesh v. Ramakrisna Ganpatrao Limsey, affirming the broad interpretation of Article 134(1)(c).

STATE OF UTTAR PRADESH vs R. B. AGARWAL · Niyam