Supreme Court of India · 1951-04-06
STATE OF SERAIKELLA vs UNION OF INDIA AND ANOTHER(Suit No. 1 of 1950)STATE OF DHE
- Citation / case number
- SC 1950/6
- Court
- Supreme Court of India
- Petitioner
- STATE OF SERAIKELLA
- Respondent
- UNION OF INDIA AND ANOTHER(Suit No. 1 of 1950)STATE OF DHE
- Bench
- KANIA, HIRALAL J. (CJ),SASTRI, M. PATANJALI,MAHAJAN, MEHR CHAND,DAS, SUDHI RANJAN,BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that under Article 374(2) of the Constitution of India, suits pending in the Federal Court before January 26, 1950, were transferred to the Supreme Court. However, the Court found that Article 363(1) restricted its jurisdiction over disputes arising from treaties or agreements executed before the Constitution's commencement. Consequently, the Supreme Court ruled it lacked jurisdiction to hear the suits concerning the enforcement of rights under the Instruments of Accession, as these disputes fell within the purview of Article 363(1). The dissenting opinion argued for the Court's jurisdiction based on the timing of the suits' institution and the provisions of Article 374(2).