ACHYUT ADHICARY versus STATE OF WEST BENGAL

ACHYUT ADHICARY versus STATE OF WEST BENGAL

The mere ground of delay in delivering judgment does not qualify as a fit case for appeal to Supreme Court under Article 134(1)(c); questions raised were factual and High Court was not justified in granting certificate; judgment errors on facts do not warrant such certification.

Source-derived case information.

Parties
Appellant: Achyut Adhicary; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
12 April 1962
Procedural Posture
Criminal Appeal / Appeal to Supreme Court From Calcutta High Court, Certificate Under Article 134(1)(c)
Outcome
Appeal dismissed; certificate cancelled; special leave under Article 136 not granted.
Legal Topics
Appeals From Acquittal, Certificate for Appeal, Delay in Judgment Delivery
Criminal Law Constitutional Law Appeals From Acquittal Certificate for Appeal Delay in Judgment Delivery

Source-derived case record

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Parties

Achyut Adhicary

Appellant

State of West Bengal

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court From Calcutta High Court, Certificate Under Article 134(1)(c)

Legal Issues

  1. 1 Whether delay in delivery of judgment is a proper ground for granting certificate under Article 134(1)(c) of the Constitution
  2. 2 Whether questions of fact may be passed to Supreme Court for appeal

Ratio Decidendi

The mere ground of delay in delivering judgment does not qualify as a fit case for appeal to Supreme Court under Article 134(1)(c); questions raised were factual and High Court was not justified in granting certificate; judgment errors on facts do not warrant such certification.

Court Disposition

Appeal dismissed; certificate cancelled; special leave under Article 136 not granted.

Orders

  • Certificate granted by Calcutta High Court cancelled.
  • Appeal dismissed.