Certifies - Definition - Law Dictionary Home Dictionary Definition certifies

Definition :

Certifies, the word 'certifies' is a strong word. It indicates that the High Court must bring its mind to bear on the question and as in all cases of judicial orders and certificates, the reasons for the order must be apparent on the face of the order itself. The Supreme Court must be in a position to know first that the High Court had applied its mind to the matter and not acted mechanically and, secondly, exactly what the High Court's difficulty is and exactly what question of outstanding difficulty or importance the High Court feels the Supreme Court ought to settle, Baladin v. State of Uttar Pradesh, AIR 1956 SC 181 (188). [Constitution of India, Art. 134(1)(c)]

The word 'certifies' in sub-article (1)(c) is a strong word which requires the High Court to look closely into the case to see if any special consideration arise. If a case does not involve any question of law, then however difficult the question of fact may be, that would not justify the grant of a certificate under Article 134(1)(c) of the Constitution, Sunder Singh v. State of Uttar Pradesh, AIR 1956 SC 411 (412): 1956 Cri LJ 801. [Constitution of India, Art. 134(1)]