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april 1961

Supreme Court of India · 1961-04-24

CHANDI PRASAD CHOKHANI vs THE STATE OF BIHAR

Citation / case number
SC 1959/208
Court
Supreme Court of India
Petitioner
CHANDI PRASAD CHOKHANI
Respondent
THE STATE OF BIHAR
Author
DAS, S.K.,KAPURL.,HIDAYATULLAH, M.,SHAHC.,AIYYAR, T.L. VENKATARAMA
Bench
DAS, S.K.,KAPUR, J.L.,HIDAYATULLAH, M.,SHAH, J.C.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that under Article 136 of the Constitution of India, the exercise of discretion to grant special leave to appeal requires exceptional and special circumstances. The Court clarified that the absence of applications for leave to appeal against the orders of the Board of Revenue and the High Court renders the appeals maintainable only under specific conditions. Consequently, the appellant was denied special leave against the orders of the Board of Revenue, as it would circumvent the High Court's jurisdiction.

CHANDI PRASAD CHOKHANI vs THE STATE OF BIHAR · Niyam