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february 1960

Supreme Court of India · 1960-02-26

SAHIBZADA SAIYED MUHAMMEDAMIRABBAS ABBASSI & OTHERS vs THE STATE OF MADHYA BHARAT& OTHERS

Citation / case number
SC 1956/36
Court
Supreme Court of India
Petitioner
SAHIBZADA SAIYED MUHAMMEDAMIRABBAS ABBASSI & OTHERS
Respondent
THE STATE OF MADHYA BHARAT& OTHERS
Author
SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAHC.
Bench
SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAH, J.C.

Judgment text excerpt

The Supreme Court dismissed a petition under Article 32 of the Constitution, asserting that it can only enforce fundamental rights guaranteed by Part III. The Court held that since the petitioner's alleged right did not exist due to a prior competent court's decision, there was no infringement to protect. The Court clarified that claims of denial of equality before the law cannot be made against judicial decisions and that an order rejecting special leave under Article 136 cannot be circumvented by an Article 32 petition.

SAHIBZADA SAIYED MUHAMMEDAMIRABBAS ABBASSI & OTHERS vs THE STATE OF MADHYA BHARAT& OTHERS · Niyam