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february 1970

Supreme Court of India · 1970-02-23

R. D. AGARWALA & ANR. ETC. vs UNION OF INDIA & ANR.

Citation / case number
SC 1969/60080
Court
Supreme Court of India
Petitioner
R. D. AGARWALA & ANR. ETC.
Respondent
UNION OF INDIA & ANR.
Author
HIDAYATULLAH, M. (),SHAHC.,HEGDE, K.S.,GROVER, A.N.,RAY, A.N.
Bench
HIDAYATULLAH, M. (CJ),SHAH, J.C.,HEGDE, K.S.,GROVER, A.N.,RAY, A.N.

Judgment text excerpt

The Supreme Court held that a single Judge of the High Court, while technically permitted to grant a certificate under Article 132(1) of the Constitution for appeal to the Supreme Court, acted improperly by not referring important questions of law to a Divisional Bench. The Court emphasized that either a reference should have been made or the parties should have been allowed to appeal against the single Judge's decision. The Court's ruling clarifies the procedural propriety in handling significant legal questions in the High Court.

R. D. AGARWALA & ANR. ETC. vs UNION OF INDIA & ANR. · Niyam