Supreme Court · 1970 INSC 31 · Decided 23 February 1970

R. D. Agarwala & ANR. ETC. v. Union of India & ANR.

Court
Supreme Court of India
Citation
1970 INSC 31 · [1970] 3 S.C.R. 778
Case number
CIVIL APPEAL No. 2634/1969
Decided
23 February 1970
Bench
M. HIDAYATULLAH, J.C. SHAH, K.S. HEGDE, A.N. GROVER, A.N. RAY (5-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 132(1); Motor Vehicles Act Section 43(1)

Headnote

Practice and Pi-ocedure-Single Judge deciding iniportant questions and suo motu granting certificate 'under Art. 132(1) of the Constitution&shy; Pro_.,,riety. A B Writ petitions involving. important questions of law came up before C a single Judge of the High Court. He was requested by the parties Instead of doing so he disposed them of himself, and suo n1otu granted a certificate under Art. 132(1) of 1he constitution for appeal to this court. HELD : The action of the Judge though technically permissible wa-; improper, because, either the Judge should have referred the case<; to a Bench,

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