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april 1961

Supreme Court of India · 1961-04-27

TIRUMALACHETTI RAJARAM vs TIRUMALACHETTI RADHAKRISHNAYYACHETTY

Citation / case number
SC 1961/161
Court
Supreme Court of India
Petitioner
TIRUMALACHETTI RAJARAM
Respondent
TIRUMALACHETTI RADHAKRISHNAYYACHETTY
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court clarified the interpretation of Article 133(1) of the Constitution regarding appeals from decrees, holding that a decree is considered one of affirmance only if the appellate decree does not vary the trial court's decision in any respect. The Court disapproved the Full Bench decision in Chittam Subba Rao v. Vela Mankanni Chellamayya, emphasizing that the terms 'appealed from' and 'decision' in Article 133(1) refer to the decree as a whole. The Court concluded that any variation in the decree, regardless of its nature, constitutes a decree of variation, thus allowing for a broader interpretation of the right to appeal under Article 133(1).

TIRUMALACHETTI RAJARAM vs TIRUMALACHETTI RADHAKRISHNAYYACHETTY · Niyam