The filing of ‘Certificate Cases’ must be discouraged, heldSupreme Court during the current situation.
‘Certificate cases’ are the cases where Appeals/Petitions are filed for the sole purpose of getting a certificate of dismissal of the appeal/petition.
An SLP filed against Madras High Court order filed with a delay of 333 days had been considered by the court and found that the reasons pleaded for the delay ‘ are the usual pedantic pleas of there being problems in the legal department in obtaining approval.
The bench responded:
“We may note that in many earlier proceedings we have categorized such cases as “certificate cases” where the only purpose is to approach this court to get a certificate of dismissal of the appeal/petition and such endeavours must be discouraged.”
The SLP was dismissed as it was not a fit case for condonation of delay in court’s observation.
No imposition on costs was taken into account because of the ‘prevailing situation’.
Recently an SLP filed by State of West Bengal was dismissed by the bench headed by Justice Kaul observing that Government has no right to walk into the Court as and when they want.
