JANARDAN REDDY AND OTHERS versus THE STATE

JANARDAN REDDY AND OTHERS versus THE STATE

The Supreme Court has no jurisdiction under Article 136 to entertain petitions for special leave to appeal from judgments of the Hyderabad High Court pronounced before Hyderabad became part of the territory of India on 26th January 1950 since those courts were not 'courts within the territory of India' at the relevant time.

Parties
Petitioner: Janardan Reddy and Others; Respondent: The State
Jurisdiction
India
Judgment Date
14 December 1950
Procedural Posture
Criminal Miscellaneous Petition Under Article 136 of the Constitution / Application for Special Leave to Appeal From Orders of the High Court of Hyderabad
Outcome
Petitions dismissed.
Legal Topics
Interpretation of Article 136 of the Constitution of India, Right to Appeal, Jurisdiction of Supreme Court Post Constitution for Pre Constitution Judgments
Constitutional Law Criminal Law Interpretation of Article 136 of the Constitution of India Right to Appeal Jurisdiction of Supreme Court Post Constitution for Pre Constitution Judgments

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Parties

Janardan Reddy and Others

Petitioner

The State

Respondent

Procedural Posture

Criminal Miscellaneous Petition Under Article 136 of the Constitution / Application for Special Leave to Appeal From Orders of the High Court of Hyderabad

Legal Issues

  1. 1 Whether Supreme Court can grant special leave to appeal under Article 136 from judgments passed by the Hyderabad High Court before 26th January 1950, when Hyderabad was not part of the territory of India

Ratio Decidendi

The Supreme Court has no jurisdiction under Article 136 to entertain petitions for special leave to appeal from judgments of the Hyderabad High Court pronounced before Hyderabad became part of the territory of India on 26th January 1950 since those courts were not 'courts within the territory of India' at the relevant time.

Court Disposition

Petitions dismissed.

Orders

  • Petitions under Article 136 are rejected for want of jurisdiction.