Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | United State of Rajasthan Ordinance I of 1949 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | United State of Rajasthan Ordinance I of 1949, section 3(ii)- Meaning of the 'Law' explained therein-Whether the order (Ex. I)dated 13. 9.1946 passed by the Maharaja granting an-annual allowance of Rs.30,000 to each of his four Maharaj Kumars with respective effectfrom the date of their birth, a "law" within the meaning of section 3(ii) of the Ordinance, so as to bind the State of Rajasthan.Jodhpur was a sovereign State till April 6, 1949. The Said Jodhpur State merged with the other sovereign States to form the United State ofRajasthan on April 7, 1949. On April 7, 1949, Ordinance No. I of 1949 was promulgated which provided for the continuance of the laws of the covenenting States (which included the Jodhpur State) in the United State of Rajasthan, by virtue of section 3 which provided, inter alia,that all laws in force in the aforesaid covenanting States immediately before the commencement of the Ordinance shall continue to be inforce.On September 13, 1946, some two and a half years prior to the merger of the then State of Jodhpur with the United States of Rajasthan, the then Ruler of Jodhpur passed an order CB/7114 (Ex. l) granting an annual allowance of Rs.30,000 per annum to each of the four Maharajkumars from the dates of their birth and for the period of their minority. The amounts claimed by the sons by filing our different suitsin 1955 were decreed by the Trial Court. The appeals preferred by the State were allowed by the High Court holding that the order dated13.9.49 granting the annual allowance was not a 'law' within the meaning of section 3 of the Ordinance. Hence the appeals by certificategranted under Article 133(l)(a) of the Constitution. |
Judge | Hon'ble Mr. Justice M.P. Thakkar |
Neutral Citation | 1986 INSC 234 |
Petitioner | Maharaj Dhiraj Himmatsinghji & Ors. |
Respondent | State Of Rajasthan & Anr. |
SCR | [1987] 1 S.C.R. 209 |
Judgement Date | 1986-11-12 |
Case Number | 2290 |
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