H. S. YADAV versus SHAKUNTALA DEVI PARAKH

H. S. YADAV versus SHAKUNTALA DEVI PARAKH

Section 13(2) of the Chhattisgarh Rent Control Act, 2011, in so far as it provides an appeal directly to the Supreme Court, is ultra vires the Constitution and beyond the powers of the State Legislature and is struck down.

Parties
Appellant: H. S. Yadav; Respondent: Shakuntala Devi Parakh
Jurisdiction
India
Judgment Date
15 October 2019
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Legislative Competence, Appeals to Supreme Court, Jurisdiction of Courts, Rent Regulation
Constitutional Law Rent Control Legislative Competence Appeals to Supreme Court Jurisdiction of Courts Rent Regulation

Case Brief

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Parties

H. S. Yadav

Appellant

Shakuntala Devi Parakh

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the State Legislature can enact a law providing an appeal directly to the Supreme Court of India

Ratio Decidendi

Section 13(2) of the Chhattisgarh Rent Control Act, 2011, in so far as it provides an appeal directly to the Supreme Court, is ultra vires the Constitution and beyond the powers of the State Legislature and is struck down.

Court Disposition

Appeal dismissed

Orders

  • Section 13(2) of the Chhattisgarh Rent Control Act, 2011 struck down as ultra vires.
  • Appellant may approach the High Court under Article 227 for redressal of grievance.