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april 1951

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).

STATE OF SERAIKELLA vs UNION OF INDIA AND ANOTHER(Suit No. 1 of 1950)STATE OF DHE · Niyam