Supreme Court of India · 1957-02-01
GARIKAPATTI VEERAYA vs N. SUBBIAH CHOUDHURY
- Citation / case number
- SC 1955/105
- Court
- Supreme Court of India
- Petitioner
- GARIKAPATTI VEERAYA
- Respondent
- N. SUBBIAH CHOUDHURY
- Bench
- DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,DAS, S.K.
Judgment text excerpt
The Supreme Court held that the applicant had a vested right of appeal to the Federal Court under Article 135 of the Constitution, as the suit was instituted prior to the Constitution and valued at Rs. 11,400. The Court ruled that this vested right was substantive and governed by the law at the time of the suit's commencement, and could only be revoked by subsequent legislation. The appeal was allowed, affirming that Article 133 did not apply retrospectively to extinguish such rights.