Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 : Article 363 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950 :Article 363-Disputes arising out of treaties, agreements, covenants etc.- Bar to interference-By Courts-Writ petition-Maintainability of-Ex-Ruler entered into an agreement before commencement of Constitution-The said ex-Ruler, in a correspondence to the Union of India, had given a list of his private properties which did not include certain "articles" and was accepted by the latter-Ex-Ruler's son filed a writ petition claiming the said "articles" as private properties of the Ruler family-Held: The said correspondence would amount to an "agreement" within the meaning of Art. 363-Hence, maintainability of the writ petition would depend upon the conclusion whether the said "articles" were covered by the said agreement or not. Articles 136 and 142-Relief-Moulding of-Disputed questions of fact-Ex-Ruler 's son made a representation claiming certain "articles" as private properties of the Ruler family-The said representation was rejected by the Central Government-Writ petition filed by the said Ex-Ruler's son-Maintainability of-Held: Disputed questions of fact, incapable of being adjudicated upon without evidence, could not be adjudicated upon in writ petition-Since there was no illegality in rejecting the representation no order directing reconsideration of the matter by Government could be passed-Also no grounds existed whereby relief could be moulded under Art. 142. Evidence Act, 1872 :Sections 17 and 31-Admission-Statements made in Books; Autobiography etc.-Whether amount to admission, waiver or abandonment of right-Held: Such statement could not be taken into consideration as conclusive admissions but could be taken as additional circumstances along with other circumstances for determining whether the conduct of the maker amounted to waiver and/or abandonment of right. Arbitration Act, 1940 : Section 2(a) - "Arbitration agreement "-Absence of-Issues-Reference to arbitration-Held: No issue could be referred to arbitration in the absence of an agreement to this effect.Practice and Procedure:Estoppel, Abandonment and Waiver-Principles-Applicability of-Ex-Ruler's son filed a writ petition claiming certain "articles" as private properties of the Ruler family but failed to take timely action-Division Bench held that the son had waived and/or abandoned his right. in respect of the articles-Correctness of-Held: Although the son had failed to assert his right at proper opportunity yet the doctrine of estoppel might not be applicable-But the decision of the Division Bench could not faulted with. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2004 INSC 266 |
Petitioner | Dr. Karan Singh |
Respondent | State Of Jammu And Kashmir And Anr |
SCR | [2004] Supp. (1) S.C.R. 43 |
Judgement Date | 2004-04-13 |
Case Number | 5943-5945 |
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