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Determine as soon as may be after such passing or making, the question whether
certificate of the nature referred to in clause (1) of Articles 132, 133 or sub-clause
(1) of Article 134, may be given its respect of that case.”

Thus under the new Articles 134-A it is obligatory on the High Court to
consider the question of granting certificate immediately on the delivery of the
judgment, decree, final order, or sentence concerned either on oral application by
the party aggrieved, or, if it deems fit to do so, on own motion, Prior to this, High
Court could grant certificate only on the formal application of the aggrieved party.
Wheras under the new article the high court can g rant a certificate sou motu if it
thinks fit

Power of the supreme court to withdraw and transfer cases- Article 139-A-
Article 139-A(1) provides that if on an application made bu the attorney –general
of India or by a party or on its own motion the supreme court is satisfied that case
involving the same or substantially the same question of law are pending before the
supreme court and one more high courts or befor two more high courts and that
such questions are substantially question of general importance. It may withdraw
them and dispose them itself. It may after disposing of the said question of law
return any case to the high court with a copy of its judgment and then the high
court will dispose of the case in accordance with such judgment. Clause (2) of
article 139-A empowers the supreme court to transfer cases, appeals or other
proceedings from any high court to another high courts it thinks it expendient to do
so for the end of justice,.

In Union of India, v. Shiromani Gurdwara Prabandhak committee. A petition for

transfer of a suit for damage filed in Punjab against union of India for loss of
gurdwara properties by respondent as a result of operation blue star was filed in the
supreme court by the Union of India on the ground that fair trial in Punjab would
not be possible in view of extraordinary situation prevailing there., in view of the
unusual aind sensitive nature of the suit and the extraordinary situation in Punjab
the court allowed the petition and transferred the case to the Delhi high court for
trial. The court said that the power to transfer cases from one state to another must
be used with circumspection and caution. In the instant case the circumstances
justified that transfer of the case from Punjab to delhi court.

This Article enables the supreme court to decide cases involving ssame question of
law without delay and thus avoid conflicting interpretation of the provisions of the
constitution by different high court.

But where all that was stated in the petition that the writ petition pendiang in
the high court raised exactly the same questions as those raised in S.L.P before the
supreme court and the writ petition be, therefore, transferred to the supreme court,
without any statement of facts, it was held that the transfer petition must be
dismissed . the court condemned the drafting of petition in such casual, careless
and in different manner.

In A.R. Antulauy, V. R.S. nayak it has been held that the supreme court has no
power under Article 139-A to withdraw a case from a special judge and transfer it
to high court. Article 139-A envisages either iner-state transfer of cases., i.e. from
a court in one state to a court in another state or the withdrawal of cases, i.e. from a
court in one state to a court in another state or the withdrawal of a case by the
supreme court itself. Inter-state transfer among courts subordinate to a high court
inter-se or from a court subordinate to a high court to the high court is within the
jurisdiction of the appropriate high court.