MANGO AND ANR versus STATE OF RAJASTHAN

MANGO AND ANR versus STATE OF RAJASTHAN

Withdrawal of the application for a certificate under Article 134(1)(c) before the High Court is not equivalent to the High Court refusing the certificate, and thus the mandatory requirement of Rule 2 of Order 21 is not complied with. The Supreme Court's inherent powers are not to be invoked when there is no...

Source-derived case information.

Parties
Appellant: Mango; Appellant: Another appellant; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
06 November 1975
Procedural Posture
Criminal Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Special Leave to Appeal, Compliance With Supreme Court Rules
Criminal Law Procedural Law Special Leave to Appeal Compliance With Supreme Court Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mango

Appellant

Another appellant

Appellant

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the requirements of Rule 2 of Order 21 of the Supreme Court Rules for special leave to appeal were complied with
  2. 2 Whether the Supreme Court's inherent powers under Order 47 can be invoked to dispense with compliance in this case

Ratio Decidendi

Withdrawal of the application for a certificate under Article 134(1)(c) before the High Court is not equivalent to the High Court refusing the certificate, and thus the mandatory requirement of Rule 2 of Order 21 is not complied with. The Supreme Court's inherent powers are not to be invoked when there is no sufficient cause and wrong statements have been made in the application.

Court Disposition

Appeal dismissed

Orders

  • Special leave to appeal revoked
  • Appellants are to surrender to their bail bonds and serve the remaining period of their sentence