GANESH PRASAD DUBE versus STATE OF BIHAR AND OTHERS

The certificate granted by the High Court was not valid as the relevant articles and clauses were not properly considered. The matter must be remanded for fresh consideration and a clear indication of the legal basis for any certificate granted.

Parties: Appellant: Ganesh Prasad Dube; Respondent No. 1: State of Bihar; Respondents: Respondents Nos. 2 and 6 to 10; Respondents: Respondents Nos. 3 to 5
Jurisdiction: India
Judgment Date: 16 February 1971
Procedural Posture: Civil Appeal / Appeal on Certificate
Outcome: appeal dismissed
Legal Topics: Grant of Certificate to Appeal, Procedure Under Articles 132 and 133, Summary Dismissal of Writ Petitions

Constitutional Law Administrative Law Grant of Certificate to Appeal Procedure Under Articles 132 and 133 Summary Dismissal of Writ Petitions

Case Brief

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Parties

Ganesh Prasad Dube

Appellant

State of Bihar

Respondent No. 1

Respondents Nos. 2 and 6 to 10

Respondents

Respondents Nos. 3 to 5

Respondents

Procedural Posture

Civil Appeal / Appeal on Certificate

Legal Issues

1 Whether the High Court properly considered the application for grant of certificate under Arts. 132(1) and 133(1)(b) and (c) of the Constitution
2 Whether the certificate granted was valid for an appeal to Supreme Court

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Application for grant of certificate remanded to High Court for fresh consideration.
High Court to indicate clearly under which Article or clause certificate is granted.