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TMI Blog1987 (9) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... on Bench did not empower the single judge to issue a certificate under article 133(1) of the Constitution in a case decided by him. The restriction placed by clause (3) of article 133 of the Constitution could not be got over by relying upon the order of the Division Bench. Therefore the certificate revoked . - C.M.P. No. 19065 of 1987, C.A. No. 1713 of 1987, - - - Dated:- 15-9-1987 - Judge(s) : K.N. SINGH., E.S. VENKATARAMAIAH JJ. F.D. Damania, Senior Advocate, Atul Tewari and Ms. Bina Gupta, Advocates, with him, for the petitioners. JUDGMENT The certificate on the basis of which this appeal is filed is issued by a learned single judge of the High Court of Bombay under article 134A of the Constitution in respect of an or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be given in respect of that case." The certificate contemplated under article 134A of the Constitution can only be a certificate which is referred to in clause (1) of article 132 or in clause (1) of article 133 or in sub-clause (c) of clause (1) of article 134 of the Constitution. This is quite obvious from the language of article 134A of the Constitution. This case does not fall either under article 132(1) or under sub-clause (c) of article 134(l) as it neither involves a substantial question of law as to the interpretation of the Constitution nor is it a criminal proceeding. It can only fall, if at all, under article 133(1) of the Constitution. Article 133 of the Constitution reads : " 133. (1) An appeal shall lie to the Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icle 134A was enacted to make good the said deficiencies. Article 134A does not constitute an independent provision under which a certificate can be issued. It is ancillary to article 132(1), article 133(1) and article 134(1)(c) of the Constitution. That is the reason for the use of the words " if the High Court certifies under article 134A " in article 132(1) and article 133(1) and for the use of the words " certifies under article 134A " in article 134(1)(c). The High Court can issue a certificate only when it is satisfied that the conditions in article 132 or article 133 or article 134 of the Constitution, as the case may be, are satisfied. In the instant case, such a certificate could not have been issued by reason of clause (3) of arti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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