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november 1986

Supreme Court of India · 1986-11-12

MAHARAJ DHIRAJ HIMMATSINGHJI & ORS. vs STATE OF RAJASTHAN & ANR.

Citation / case number
SC 1970/60351
Court
Supreme Court of India
Petitioner
MAHARAJ DHIRAJ HIMMATSINGHJI & ORS.
Respondent
STATE OF RAJASTHAN & ANR.
Author
M.P. THAKKAR
Bench
M.P. THAKKAR

Judgment text excerpt

The Supreme Court held that the executive order in question did not constitute a 'law' under the Rajasthan Ordinance of 1949, as it lacked the characteristics of a legislative measure and failed to create a legally enforceable obligation. The Court clarified that the order merely directed payment of a specified sum to the appellants without any nexus to services rendered or customary rights, thus distinguishing it from previous rulings regarding 'jagir' grants. The judgment of the Rajasthan High Court reversing the trial court's decree in favor of the appellants was upheld, confirming the nature of the order as a non-legislative executive action.

MAHARAJ DHIRAJ HIMMATSINGHJI & ORS. vs STATE OF RAJASTHAN & ANR. · Niyam