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The Commissioner of Sales Tax Vs. Mohammad HussaIn Rahim Bux - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtMadhya Pradesh High Court
Decided On
Case NumberMisc. Civil Case No. 225 of 1964
Judge
Reported inAIR1965MP253; 1965MPLJ328; [1965]16STC302(MP)
ActsConstitution of India - Articles 132(1) and 133; Madhya Pradesh General Sales Tax Act, 1958 - Sections 44(1)
AppellantThe Commissioner of Sales Tax
RespondentMohammad HussaIn Rahim Bux
Appellant AdvocateR.J. Bhave, Govt. Adv.
Respondent AdvocateY.S. Dharmadhikari, Adv.
DispositionApplication dismissed
Cases ReferredIn Sriram Gulabdas v. Board of Revenue
Excerpt:
- - and that no certificate for appeal could be granted under article 132. in our opinion, the observations of the supreme court in air 1960 sc 278 (supra), that the decision of the high court on a reference being in the exercise of its advisory or consultative jurisdiction, the provisions of the constitution in regard to the certificate for leave to appeal' to the supreme court do not in terms apply, clearly show that neither under article 132(1) nor under article 133 of the constitution a certificate for appeal to the supreme court can be granted against a decisionof the high court answering a reference in the exercise of its advisory or consultative jurisdiction......1. this is an application under articles 132 and 133 of the constitution for a certificate for appeal to the supreme court from our order dated 30th july 1964 in miscellaneous civil case no 71 of 1964 answering a reference made to this court at the instance of the commissioner of sales tax under section 44(1) of the madhya pradesh general sales tax act, 1958. 2. this application must be dismissed. it has been held by the supreme court in commr. of income-fax v. patel and co. air 1960 sc 278, that when under a statute certain questions of law arc referred to the high court for decision, the decision given by the high court on the reference is in the exercise of its advisory or consultative jurisdiction; and the provisions of the constitution in regard to the certificate for leave to.....
Judgment:

Dixit, C.J.

1. This is an application under Articles 132 and 133 of the Constitution for a certificate for appeal to the Supreme Court from our order dated 30th July 1964 in Miscellaneous Civil Case No 71 of 1964 answering a reference made to this Court at the instance of the Commissioner of Sales Tax under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958.

2. This application must be dismissed. It has been held by the Supreme Court in Commr. of Income-fax v. Patel and Co. AIR 1960 SC 278, that when under a statute certain questions of law arc referred to the High Court for decision, the decision given by the High Court on the reference is in the exercise of its advisory or consultative jurisdiction; and the provisions of the Constitution in regard to the certificate for leave to appeal to the Supreme Court do not in terms apply. In Sriram Gulabdas v. Board of Revenue (M. P.), AIR 1954 Nag 1 (FB), the majority decision of the Full Bench was no doubt that a decision given by the High Court on a reference under Section 23(5) of the Central Provinces and Berar Sales Tax Act, 1947, is a 'judgment' in revenue proceedings and a certificate for appeal can be granted under Article 132 of the Constitution. Hidayatullah J., who did not agree with the majority opinion, held that the Explanation to Article 132 only widened the ambit of Article 132: that the advisory opinion given by the High Court was not generally an order sufficient for the final disposal of the case: and that no certificate for appeal could be granted under Article 132.

In our opinion, the observations of the Supreme Court in AIR 1960 SC 278 (supra), that the decision of the High Court on a reference being in the exercise of its advisory or consultative jurisdiction, 'the provisions of the Constitution in regard to the certificate for leave to appeal' to the Supreme Court do not in terms apply, clearly show that neither under Article 132(1) nor under Article 133 of the Constitution a certificate for appeal to the Supreme Court can be granted against a decisionof the High Court answering a reference in the exercise of its advisory or consultative jurisdiction. Those observations only support the view expressed by Hidayatullah J. in the case of AIR 1954 Nag 1 (FB), (supra).

3. For these reasons, this application for a certificate for appeal to the Supreme Court from our decision dated 30th July 1964 in Miscellaneous Civil Case No. 71 of 1964 is rejected. There will be no order about costs.


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