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Jit Singh Vs. the State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtPunjab and Haryana High Court
Decided On
Case NumberCriminal Misc. No. 29/Sct. of 1960
Judge
Reported inAIR1960P& H547; 1960CriLJ1375
ActsPunjab Municipal Act - Sections 62(10); Constitution of India - Article 134 and 134(1)
AppellantJit Singh
RespondentThe State
Excerpt:
.....under article 226 of the constitution of india. in a writ application filed under articles 226 and 227 of constitution, if any order/judgment/decree is passed in exercise of jurisdiction under article 226, a writ appeal will lie. but, no writ appeal will lie against a judgment/order/decree passed by a single judge in exercising powers of superintendence under article 227 of the constitution. - except for the question of the admissibility of the notification issued under section 62(10)(b) of the punjab municipal act, the other contentions raised essentially relate to questions of fact which, as settled by the supreme court, cannot form a good ground for certificate under this article. in so far as the question of the notification is concerned, again it is well settled that the grant..........under article 134(1)(c) of the constitution is not a matter of course, but this court has to exercise its power after considering as to what difficult questions of law or principle are involved which require further consideration by the supreme court.unless, therefore, there is a substantial question of law or of principle, this court will not be justified in granting a certificate under this article. a notification properly issued under the powers conferred on the municipal committee, in law, becomes almost, as if, it is a part of the statute itself, and therefore, generally speaking, it is always competent for a court to take judicial notice of the provisions contained in such notifications. the interests of justice, therefore, do not require the grant of a certificate on the facts.....
Judgment:
ORDER

(1) This is an application for a certificate for fitness for appeal to the Supreme Court under Article 134 of the Constitution of India. Except for the question of the admissibility of the notification issued under section 62(10)(b) of the Punjab Municipal Act, the other contentions raised essentially relate to questions of fact which, as settled by the Supreme Court, cannot form a good ground for certificate under this article. In so far as the question of the notification is concerned, again it is well settled that the grant of a certificate under Article 134(1)(c) of the Constitution is not a matter of course, but this Court has to exercise its power after considering as to what difficult questions of law or principle are involved which require further consideration by the Supreme Court.

Unless, therefore, there is a substantial question of law or of principle, this Court will not be justified in granting a certificate under this Article. A notification properly issued under the powers conferred on the municipal committee, in law, becomes almost, as if, it is a part of the statute itself, and therefore, generally speaking, it is always competent for a Court to take judicial notice of the provisions contained in such notifications. The interests of justice, therefore, do not require the grant of a certificate on the facts of the present case.

(2) This petition, therefore, fails and is hereby dismissed.

(3) Petition dismissed.


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