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march 1961

Supreme Court of India · 1961-03-22

ANIYOTH KUNHAMINA UMMA vs MINISTRY OF REHABILITATION ANDOTHERS

Citation / case number
SC 1959/95
Court
Supreme Court of India
Petitioner
ANIYOTH KUNHAMINA UMMA
Respondent
MINISTRY OF REHABILITATION ANDOTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the petitioner's application under Article 32 of the Constitution was incompetent as it did not raise any question of violation of fundamental rights under Articles 19(1)(f) and 31. The Court found that the decision declaring the petitioner's husband as an evacuee and the property as evacuee property had become final, negating the existence of any alleged right. The Court emphasized that unless the prior decision was declared a nullity, the petitioner could not claim infringement of her fundamental rights.

ANIYOTH KUNHAMINA UMMA vs MINISTRY OF REHABILITATION ANDOTHERS · Niyam