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september 1969

Supreme Court of India · 1969-09-16

DEDH NATHU RAJA (DEAD) BY L. RS. vs L. ANGHA NATHU JAMAL (DEAD) BY L. RS & ORS.

Citation / case number
SC 1966/60278
Court
Supreme Court of India
Petitioner
DEDH NATHU RAJA (DEAD) BY L. RS.
Respondent
L. ANGHA NATHU JAMAL (DEAD) BY L. RS & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 22A(2) of the Saurashtra Ordinance No. 2 of 1948, an appeal to a Division Bench from a single Judge's judgment required certification, but this requirement was overridden by the States Reorganisation Act, 1956, which transferred jurisdiction to the Bombay High Court. The Court clarified that after the merger, appeals from single Judge decisions could be made without such certification, as per Clause 15 of the Letters Patent of the Bombay High Court. Consequently, the appeal was deemed competent and maintainable in the Bombay High Court despite the prior ordinance's stipulations.

DEDH NATHU RAJA (DEAD) BY L. RS. vs L. ANGHA NATHU JAMAL (DEAD) BY L. RS & ORS. · Niyam