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).