Certify - Definition - Law Dictionary Home Dictionary Definition certify

Definition :

Certify, The word 'certify' in the Article 134 (1) (C) of the Constitution of India has a clear meaning. It requires that when giving the leave to appeal, the High Court must first determine the issue of law which in its opinion is needed to be settled by the Supreme Court and such question must be clearly set out in its order. It is well-established that mere grant of certificate by the High Court does not prevent this Court from determining whether it was rightly granted and whether the conditions prerequisite for the grant of certificates are satisfied, T.B. Thakore v. State of Maharashtra, (1969) 3 SCC 369 (371). [Constitution of India, Art. 134 (1) (c)]

The word 'certify' used in clause (c) of article 133(1) suggests that the High Court is expected to apply its mind before certifying the case to be fit for appeal. The mere grant of a certificate would, however, not preclude this Court from determining whether the conditions pre-requisite for the grant are satisfied. It is, therefore, always desirable and expedient for the High Court to give its reasons for granting the certificate. That would assist this Court better in appreciating if the conditions pre-requisite are satisfied, Ahmedabad Mfg. and Calico Ptg. Co. Ltd. v. Ram Tahel Ramanand, (1973) 1 SCR 185: (1972) 1 SCC 898: AIR 1972 SC 1598 (1603). [Constitution of India, Art. 133 (1) (c)]

The word 'certify' in Article 134(1) (C), as often observed by the Supreme Court, is a strong word postulating the exercise of judicial discretion in determining if the question requiring decision by this Court involves a matter of principle or a substantial question of law of great general importance. Such certificate is not to be given as a matter of course on the mere ground that the impugned decision is considered to be erroneous. There must be exceptional or special circumstances like infringement of essential principles of justice or some difficult question of law of great public or private importance. It is not to be granted so as to convert this Court into an ordinary court of further appeal, State of Bihar v. Bhagirath Sharma, (1973) 3 SCR 937: (1973) 2 SCC 257: AIR 1973 SC 2198.

1. To authenticate or verify in writing 2. To attest as being true or meeting certain criteria 3. (of a court) to issue an order allowing a class of litigants to maintain a class action, Black's Law Dictionary, 7th Edn.