MOHAN LAL MAGAN LAL THACKER versus STATE OF GUJARAT

MOHAN LAL MAGAN LAL THACKER versus STATE OF GUJARAT

The order of the High Court dismissing the appellant’s revision is a final order within the meaning of Article 134(1)(c), as it disposes of the controversy regarding the justification of the complaint under Section 476 CrPC. However, since the case involves only questions of fact and no substantial question of law or principle, the High Court was not competent to grant a certificate for appeal under Article 134(1)(c).

Parties
Appellant: Mohan Lal Magan Lal Thacker; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
15 December 1967
Procedural Posture
Criminal Appeal / Appeal From Gujarat High Court Decision in Criminal Revision Application No. 318 of 1964
Outcome
Appeal dismissed as not maintainable
Legal Topics
Final Order Under Article 134(1)(c), Complaints Under Section 476 Cr PC, Certificate for Appeal to Supreme Court
Criminal Law Constitutional Law Final Order Under Article 134(1)(c) Complaints Under Section 476 Cr PC Certificate for Appeal to Supreme Court

Case Brief

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Parties

Mohan Lal Magan Lal Thacker

Appellant

State of Gujarat

Respondent

Procedural Posture

Criminal Appeal / Appeal From Gujarat High Court Decision in Criminal Revision Application No. 318 of 1964

Legal Issues

  1. 1 Whether the High Court's order dismissing revision constitutes a 'final order' under Article 134(1)(c) of the Constitution
  2. 2 Whether certificate under Article 134(1)(c) can be granted for this case

Ratio Decidendi

The order of the High Court dismissing the appellant’s revision is a final order within the meaning of Article 134(1)(c), as it disposes of the controversy regarding the justification of the complaint under Section 476 CrPC. However, since the case involves only questions of fact and no substantial question of law or principle, the High Court was not competent to grant a certificate for appeal under Article 134(1)(c).

Court Disposition

Appeal dismissed as not maintainable

Orders

  • Appeal is not maintainable and is dismissed.
  • The certificate under Article 134(1)(c) was not properly granted.