DHARAMDEO versus BIJARAT AND ORS.

DHARAMDEO versus BIJARAT AND ORS.

The U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972 is within legislative competence under Schedule 7, List II, Item Nos. 14 and 18; there is no discrimination violating Article 14 as agricultural holdings are equally regulated; summary procedures prescribed are fair and reasonable and need not follow elaborate trial as in civil suits.

Parties
Appellant: Dharamdeo; Respondents: Bijarat and Others
Jurisdiction
India
Judgment Date
12 December 1995
Procedural Posture
Civil Appeal / Final Disposition; Appeal From Allahabad High Court Judgment Dated 22.5.1973
Outcome
Appeal dismissed
Legal Topics
Abolition of Letters Patent Appeals, Legislative Competence, Discrimination Under Article 14, Procedural Fairness
Constitutional Law Land Law Legislative Competence Abolition of Letters Patent Appeals Discrimination Under Article 14 Procedural Fairness

Case Brief

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Parties

Dharamdeo

Appellant

Bijarat and Others

Respondents

Procedural Posture

Civil Appeal / Final Disposition; Appeal From Allahabad High Court Judgment Dated 22.5.1973

Legal Issues

  1. 1 Whether the U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972 is within legislative competence of the State legislature
  2. 2 Whether the Act violates Article 14 of the Constitution of India by discriminating
  3. 3 Whether the procedure prescribed by the Act is unjust, unreasonable, or violates the Code of Civil Procedure

Ratio Decidendi

The U.P. High Court (Abolition of Letters patent Appeals) (Amendment) Act, 1972 is within legislative competence under Schedule 7, List II, Item Nos. 14 and 18; there is no discrimination violating Article 14 as agricultural holdings are equally regulated; summary procedures prescribed are fair and reasonable and need not follow elaborate trial as in civil suits.

Court Disposition

Appeal dismissed

Orders

  • No costs