Supreme Court of India · 1969-11-26
JASODABAI & SMT. RAMCHANDRABAI vs THE STATE OF MAHARASHTRA & ANR.
- Citation / case number
- SC 1966/60007
- Court
- Supreme Court of India
- Petitioner
- JASODABAI & SMT. RAMCHANDRABAI
- Respondent
- THE STATE OF MAHARASHTRA & ANR.
- Author
- HIDAYATULLAH, M. (),GROVER, A.N.,RAY, A.N.,REDDY, P. JAGANMOHAN,DUA, I.D.
- Bench
- HIDAYATULLAH, M. (CJ),GROVER, A.N.,RAY, A.N.,REDDY, P. JAGANMOHAN,DUA, I.D.
Judgment text excerpt
The Supreme Court held that Article 133 of the Constitution allows for a certificate to appeal in civil proceedings where civil rights are affected. The High Court's refusal to grant a certificate without providing reasons was deemed improper, especially since the appellants were challenging the constitutionality of the Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961, which directly impacted their property rights. The Court emphasized the necessity for the High Court to articulate reasons for refusal, particularly when civil rights are at stake.