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october 1961

Supreme Court of India · 1961-10-03

STATE OF SAURASHTRA vs JAMADAR MOHAMAD ABDULLA AND ORS.

Citation / case number
SC 1958/164
Court
Supreme Court of India
Petitioner
STATE OF SAURASHTRA
Respondent
JAMADAR MOHAMAD ABDULLA AND ORS.
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 orders made by the Administrator of Junagadh State arose out of an act of State and were not justiciable in municipal courts, as per the Government of India Act, 1935, Sections 6 and 299(1). The Court clarified that there was no change of de jure sovereignty on November 9, 1947, and that sovereignty was only assumed on January 20, 1949, when Junagadh was integrated into the United State of Saurashtra. The Court upheld the Administrator's actions, ruling that the respondents could not challenge the orders in municipal courts.

STATE OF SAURASHTRA vs JAMADAR MOHAMAD ABDULLA AND ORS. · Niyam