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Report No. 58

Gist of replies

3.5. The replies on our question1 are evenly balanced in favour of and against the amendment put forth in the query. Some Judges2 of the Supreme Court, who have responded to our Questionnaire, have in their reply favoured limiting the scope of criminal appeals by deleting sub-clauses (a) and (b) of Article 134(1). They suggest that the scope of criminal appeals under Article 134 of the Constitution should be limited to cases where a certificate that it is a fit case for appeal to the Supreme Court is obtained under Article 134(1)(c). The replies of High Courts and High Court Judges on this question are almost evenly balanced.

1. Para. 3.3, infra.

2. S. No. 50.

Structure and Jurisdiction of the Higher Judiciary Back

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