Effect of refusal of certificate
Full Text
Where such certificate is refused, the petition shall be dismissed.
Plain English Summary
Provides that upon refusal of a certificate of fitness by the High Court, the petition stands dismissed, leaving the applicant to seek Special Leave to Appeal under Article 136 of the Constitution.
Key Legal Elements
- Dismissal of Petition: Mandatory consequence of refusing certificate under Rule 3 / Article 134A.
- High Court Seisin Terminates: High Court cannot entertain subsequent certificate applications in the same matter.
- Recourse to Article 136: Litigant's constitutional remedy is to file an SLP before the Supreme Court within 90 days of the dismissal order.
Practical Note
Remedy Upon Dismissal under Rule 6: 1. Non-Appealability of Refusal Order: An order dismissing a petition under Rule 6 refusing a certificate of fitness is not appealable. No Letters Patent appeal or intra-court appeal lies against an order refusing a certificate under Article 133 or Article 134A. 2. Filing SLP under Article 136: Under Order XVI Rule 2 of the Supreme Court Rules, 2013 and Article 133 of the Limitation Act, 1963, an SLP challenging the High Court's final decree and the order refusing certificate must be filed within 90 days from the date of refusal.
हिंदी पाठ
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