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

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

The order passed by the Maharaja of Jodhpur on 13.9.1946 was an ex-gratia gift and did not have the character of 'law' within the meaning of section 3(ii) of United State of Rajasthan Ordinance I of 1949. As such, it created no legally enforceable obligation against the State of Rajasthan.

Parties
Appellants: Maharaj Dhiraj Himmatsinghji & Ors.; Respondents: State of Rajasthan & Anr.
Jurisdiction
India
Judgment Date
12 November 1986
Procedural Posture
Civil Appeals / On Appeal by Certificate Under Article 133(1)(a) of the Constitution From the Rajasthan High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Meaning of 'law' Under Ordinance, Enforceability of Sovereign's Orders, Succession/state Merger, Nature of Grants and Gifts by Rulers
Constitutional Law Interpretation of Statutes Meaning of 'law' Under Ordinance Enforceability of Sovereign's Orders Succession/state Merger Nature of Grants and Gifts by Rulers

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Parties

Maharaj Dhiraj Himmatsinghji & Ors.

Appellants

State of Rajasthan & Anr.

Respondents

Procedural Posture

Civil Appeals / On Appeal by Certificate Under Article 133(1)(a) of the Constitution From the Rajasthan High Court Judgment

Legal Issues

  1. 1 Whether the order dated 13.9.1946 passed by the Maharaja of Jodhpur granting annual allowances constituted a 'law' under United State of Rajasthan Ordinance I of 1949 and was binding upon the State of Rajasthan.

Ratio Decidendi

The order passed by the Maharaja of Jodhpur on 13.9.1946 was an ex-gratia gift and did not have the character of 'law' within the meaning of section 3(ii) of United State of Rajasthan Ordinance I of 1949. As such, it created no legally enforceable obligation against the State of Rajasthan.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs