TaxTMI 
TaxTMI 
1992 (5) TMI 203
X X X X Extracts X X X X
X X X X Extracts X X X X
....had taken him away from his house and he was being illegally detained. 2. The writ petition was heard by the Division Bench constituted by Hon'ble Mr. Justice Palok Basu and Hon'ble Mr. Justice S. K. Varma and the order sheet shows that after hearing the counsel for the parties the judgment was reserved on 22-5-92. 3. On 25-5-92 since Hon'ble Mr. Justice Palok Basu and Hon'ble Mr. Justice S.K. Varma were not present at Allahabad the judgment delivered by them was pronounced by me in accordance with the provisions contained in Rule 2 of Chapter VII of the Rules of the Court. 4. On the pronouncement of the judgment, the learned counsel for the petitioner made an oral application envisaged under Article 134A of the Constitut....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the requirements of Article 133 of the Constitution so as to justify the grant of the certificate prayed for. 9. Apart from the above, the learned counsel has asserted that the case also involves a question relating to the validity of the procedure adopted for the pronouncement of the judgment. 10. I have heard the learned counsel for the applicant at some length and have also perused the judgment delivered by the Division Bench and have given my thoughtful consideration to the arguments advanced by the learned counsel. 11. The oral application for the grant of the certificate has to be disposed of taking into consideration the observations of the Hon'ble Supreme Court in its decision in the case of State Bank of India v. N. Sundara ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....onary measure. It has further been held that the petition had been filed an incorrect allegations and that the reasons for the arrest of the petitioner had been disclosed as required by law. It has been found that there was enough proof of the compliance of Article 22 of the Constitution and Section 50 of the Cr. P.C. 14. The question sought to be raised by the learned counsel for the applicant are in effect merely propositions of law and the question whether in this case, on the facts found, a particular proposition of law would or would not be applicable is not such a question which may justify the grant of the certificate. At the most it is merely a question of the application of the principles of law to the facts of the case under cons....