SHRI BALWANTRAI CHIMANLAL TRIVEDI versus M. N. NAGRASHNA AND OTHERS.

SHRI BALWANTRAI CHIMANLAL TRIVEDI versus M. N. NAGRASHNA AND OTHERS.

If, in dealing with an appeal under Article 136 of the Constitution, the Supreme Court concludes there is no failure of justice, it is not bound to decide or interfere even when a jurisdictional question is raised regarding the original court or tribunal in cases where the matter has been considered by a higher tribunal with unquestioned jurisdiction.

Parties
Petitioner: Shri Balwantrai Chimanlal Trivedi; Respondents: M. N. Nagrashna and Others; Interveners: Interveners Nos. 1 to 13; Interveners: Interveners Nos. 14 to 19
Jurisdiction
India
Judgment Date
03 August 1960
Procedural Posture
Review Petition / Review of Supreme Court's Earlier Judgment
Outcome
Review application dismissed
Legal Topics
Review of Judgment, Jurisdiction of Tribunals, Failure of Justice, Supreme Court Discretionary Powers Under Article 136
Constitutional Law Civil Procedure Review of Judgment Jurisdiction of Tribunals Failure of Justice Supreme Court Discretionary Powers Under Article 136

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Shri Balwantrai Chimanlal Trivedi

Petitioner

M. N. Nagrashna and Others

Respondents

Interveners Nos. 1 to 13

Interveners

Interveners Nos. 14 to 19

Interveners

Procedural Posture

Review Petition / Review of Supreme Court's Earlier Judgment

Legal Issues

  1. 1 Whether the Supreme Court is bound to decide jurisdictional questions when there is no failure of justice
  2. 2 Scope of powers under Article 136 of the Constitution for review
  3. 3 Whether omission to decide jurisdiction amounts to error justifying review

Ratio Decidendi

If, in dealing with an appeal under Article 136 of the Constitution, the Supreme Court concludes there is no failure of justice, it is not bound to decide or interfere even when a jurisdictional question is raised regarding the original court or tribunal in cases where the matter has been considered by a higher tribunal with unquestioned jurisdiction.

Court Disposition

Review application dismissed

Orders

  • Review application dismissed with costs