Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Articles 136 and 142 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950:Articles 136 and 142 - Jurisdiction of Supreme Court under - Trust deed called 'H.E.H. Nizam's JewellFJry Trust' - Interpretation of - Applications under Trust Act and suits filed before Chief Judge, City Civil Court - Orders on preliminary issue on applications but no decree passed - Challenged under Article 227 - Order on preliminary issue in suits not challenged - Final judgment challenged in appeal - Interim order by High Court - Order of Chief Judge, City Civil Court and interim order of High Court challenged under Article 136 - HELD: No appeal lies against a mere finding - An appeal would be maintainable only when a decree is passed - Ordinarily, SLP would not be entertained directly from judgment and order of Chief Judge, City Civil Court - An appeal and a civil revision application are pending in High Court - Trust deed in question is part of a statute - In case of a wrong interpretation of a statute relating to jurisdiction of a court enabling it to issue a direction, it would amount to a jurisdictional error - Courts were, therefore, required to exercise their jurisdiction with more care and caution - SLPs filed before Supreme Court returned to petitioners so as to enable them to re-file the same before High Court for consideration on merits - Matters directed to be considered J afresh with pending appeal and miscellaneous applications - Nizam's Trust Deeds (Validation) Act, 1950 - s.3. Articles 226 and 227 - Jurisdiction of High Court under - Applications filed before Chief Judge, City Civil Court u/ss 56 and 61 of Trust Act- Directions issued - HELD: Directions, if issued, would be binding on trustees- Trustees, if aggrieved, would be entitled to take recourse to a remedy available before superior court- If High Court had jurisdiction to entertain either an appeal or revision or a writ petition, in a given case it, subject to fulfillment of other conditions, could even convert a revision application or a writ petition into an appeal or viceversa in exercise of its inherent power - Further, it would not be correct to say that in the absence of revisional jurisdiction, remedy under Articles 226 and 227 would also not be available in law- Indian Trust Act, 1882 - ss. 56 and 61. The State of Andhra Pradesh. enacted the Nizam's Trust Deeds (Validation) Act, 1950, s.3 whereof provided that the trust deed mentioned in the Scheduled would be valid and effectual for all purposes and would have the force of law. By an amendment in the year 1951, trust deed dated 29.3.1951 called "H.E.H. The Nizam's Jewellary Trust" was inserted in the Schedule of the Act. Disputes arose with regard to the terms of the Trust Deed dated 29.3.1951 regarding "Remaining sons and Remaining Daughters Fund" expressed in the Will. Original petitions No. 173/1998 and 253/1998 purported to be u/ss 56 and 61 of the Trusts Act, 1882 and O.S. No. 383/1998 O.S. No. 540/1998 were filed in the Court of Chief Judge, City Civil Court, Hyderabad praying for directions to the trustees to execute the trust deed as per correct interpretation of clauses 9 to 12 thereof. A preliminary question was raised as to whether the surviving remaining sons and daughters of the Settler were alone entitled to the corpus allotted to the remaining sons and remaining daughters who died issueless. The Court by a common judgment dated 21.7.1999 gave directions holding, inter alia, that the Settler intended that even the children of a pre-deceased remaining son or a remaining daughter were entitled to a share in the unit allocated to the remaining son or daughter who died issueless. Pursuant to the directions, no decree was prepared in 0.5. 540/1998. Against the A order dated 21. 7 .1999 revision petitions under Article 227 of the Constitution of India and s.115 CPC were filed before the High Court. However, the order so far as it related to the preliminary issue in two suits was not ยท challenged. The High Court held the original petitions as not maintainable and the order regarding primary issue in two suits as unassailable, but entered into merits of the case and set aside the order dated 21.7.1999. The order of the High Court was challenged in appeal. Subsequently, the other issues in 0.5. No. 540/1998 were determined by the Chief Judge, City Civil Court and by judgment and decree dated 3.4.2000 the suit decreed holding that the plaintiffs had vested right in the corpus and accretion of the remaining sons and remaining daughters fund. An appeal was filed before the High Court which directed that pending notice the decree dated 3.4.2000 would not be given effect to. The instant appeals were filed challenging the order of High Court as also the order dated 21.7.1999. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 325 |
Petitioner | Nawab Shaqafath Ali Khan & Ors. |
Respondent | Nawab Imdad Jah Bahadur & Ors. |
SCR | [2009] 4 S.C.R. 589 |
Judgement Date | 2009-03-05 |
Case Number | 846-847 |
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