NDLI: Janardan Reddy and Others Vs. The State

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India A.134 374(4) 136 Application for special leave Maintainability
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Miscellaneous Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Constitution of India, Arts. 134, 136, 374(4)—Special leave to appeal—Judgment of Hyderabad High Court passed before 26th Jan. 1950—Application for special leave-—-Maintainability—Pendency of application for leave to appeal to Judicial Committee of Hyderabad when new constitution came into force, effect of—Scope of Art. 136— “Any court or tribunal in the territory of India”—Interpretation of statutes—Presumption of prospective operation—-Right to appeal. The petitioners, who were convicted and sentenced to death by a special tribunal in the Hyderabad State, preferred appeals to the High Court of Hyderabad which were dismissed, and they applied to the,High Court on the 21st Jan., 1950, for leave to appeal to the Judicial Committee of Hyderabad against the judgments of the High Court. On the 26th Jan, 1950, the Constitution of India came into force and under the Constitution, Hyderabad be-came a part of India, the Judicial Committee of Hyderabad ceased to exist, and all appeals and other proceedings pending before thay Committee stood transferred to the Supreme Court of India. The applications of the petitioners were amended so as to make them applications under Art. 134 of the Constitution, but they were dismissed on the ground that no such petitions lay under Art. 134 and also on the merits. The petitioners thereupon made an application to the Supreme Court of India under Art. 136 of the Constitution for special leave to appeal: Held that, inasmuch as Art. 136 confers power on the Supreme Court to grant special leave to appeal only from any judgment, decree, sentence or order passed or made by “any court or tribunalin the territory of India,” and the Hyderabad High Court was not a Court in the territory of India when the judgments in question were pronounced the Supreme Court had no jurisdiction to grant special leave. Art. 136 cannot be so construed as to apply to judgments or orders pronounced before Hyderabad became part of India and to confer a right of appeal inferentially, merely becanse the petitioners had a right to appeal to the Judicial Committee of Hyderabad when the Constitution came into force and they had been deprived of this right by the abolition of that Committee without making a provision enabling them to appeal to the Supreme Court.
Judge	Honble Mr. Justice Harilal Jekisundas Kania
Neutral Citation	1950 INSC 37
Petitioner	Janardan Reddy And Others
Respondent	The State
SCR	[1950] 1 S.C.R. 940
Judgement Date	1950-12-14
Case Number	71

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