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Report No. 58

Effect of the recommended change

3.13. It is true that if Article 134(1)(c) is amended in accordance with our recommendation, it will not be possible for a party aggrieved by the appellate judgement of the High Court in a criminal proceeding to ask for a certificate for appeal to the Supreme Court unless the case falls within one or the other of the sub-clauses of Article 134(1). But, this position is subject to the right of the party aggrieved to move the Supreme Court for special leave to appeal against the judgement of the High Court under Article 136, even though the requirements of Article 134(1) are not satisfied.

Structure and Jurisdiction of the Higher Judiciary Back

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