EXPRESS NEWSPAPERS LTD.versusTHE STATE OF MADRAS

      948

A                         EXPRESS NEWSPAPERS LTD.
                                             v.
                             THE STATE OF MADRAS
                                   February 19, 1981
B                      [A. D. KosHAL AND R. B. MISRA, JJ.]


         Constitutiou of India-Article 133(l)(a) and (c) (before (lf/lendn1en1l
     Certificate issutd, not in confonnity with law-Supreme Court, if could revoke-
     the cenificate-Special leave, if could be rranted after revoking the certificate.

C         1. If the certificate granted by the Court under sub-clauses (a) and (c) of
     clause (1) of Article 133 of the Constitution, as it then stood, did not cooform·
     to leg:al requirements in as much as it did not specify the substantial question of
     law wkich, accordin~ to High Court, required determination and no reasons ig
     respect of ~ssuance of the certificate appeared therein, the certificate could be
      revoked. [948 HJ

D        Sohan Lal Naraindas v. Laxn?idas Raghunat/1 Gadit [19711 1 S.C.C. 276;
     Sardar B11hadur S. Indra Singh Trust v. Conunissioner of Inconie Tax, /Jengal
     [1972] I S.C.R. 392 followed.

        2. In such a situation if it could be made out that a substantial question of
     law really required determination, this Court could treat the appeal as one by
     special leave after condoning the delay. In the instant case no such question is
E'   involved at all and, therefore, special leave cannot be granted. [949 B-C]


         CIVIL APPELLATE JURISDJCTION : Civil Appeal No. 322 of 1970.
        From the Judgment and Decree dated 25-3-1969 of the Madras
     High Court in Appeal No. 1195of1970.
        U. R. Lalit, P. H. Parekh and Miss             Ma11ik    Tarkunde      for   the
     Appellant.
          The Judgment of the Court was delivered by
         KosHAL J. A preliminary objection bas been raised by Mr.
     Rangam to the effect that the certificate granted by the court under
G    sub-clauses (a) and (c) of clause (1) of Article 133 of the Constitution
     of India, as it then stood, does not conform to legal requirements in-
     asmuch as-
               (a) it does not specify the substantial question of law
                   which the High Court states require determination;
                   and
H
               (b) no reasons in •upport ol the issu11.nco of th~ certified~
                    appoar tbocoilt.
                     EXPRESS NEWSPAPERS v. MADRAS    (Koshal, !.)       949


          The preliminary objection is well fonnded in view of the decisions     A
      of this Court in Sohan Lal Naraindas v. Laxmidas Raghunath Gadit(')
      and in Sardar Bahadur S. Indra Singh Trust v. Commissioner of
      Income Tax, Bengal(').
          Faced with this situation Mr. Lalit wanted us tO' treat the appeal
      as one by special leave and prayed that such leave be granted now afterl   B
      condoning the delay. That would have been certainly a reasonable
..    course to follow if it was made out that a substantial question of law
      really requires determination. We have gone through the impugned
      judgment and find that no such question is involved at all. We, there-
      fore, refuse special leave, revoke the certificate granted by the High
       Court and dismiss the appeal but with no order as to costs.               C


      P.B.R.                                                Appeal dismissed.




 •'

               (I) [1971] l S;C.C. 276.
               (2) [1972] 1 S.C.R. 392.