SHAKUNTLA DEVI versus UNION OF INDIA AND ANR.

SHAKUNTLA DEVI versus UNION OF INDIA AND ANR.

The Supreme Court held that claims for Freedom Fighters Pension do not warrant consideration under Article 32 jurisdiction and should be litigated before the High Courts.

Parties
Petitioner: Shakuntla Devi; Respondent: Union of India; Respondent: ANR.
Jurisdiction
India
Judgment Date
03 October 2005
Procedural Posture
Writ Petition (c) No. 10 of 2005 / Civil Original Jurisdiction
Outcome
Writ petition dismissed with liberty to approach the High Court.
Legal Topics
Freedom Fighters Pension, Article 32 Jurisdiction
Constitutional Law Freedom Fighters Pension Article 32 Jurisdiction

Case Brief

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Parties

Shakuntla Devi

Petitioner

Union of India

Respondent

ANR.

Respondent

Procedural Posture

Writ Petition (c) No. 10 of 2005 / Civil Original Jurisdiction

Legal Issues

  1. 1 Whether the Supreme Court should exercise jurisdiction under Article 32 for claims to Freedom Fighters Pension.

Ratio Decidendi

The Supreme Court held that claims for Freedom Fighters Pension do not warrant consideration under Article 32 jurisdiction and should be litigated before the High Courts.

Court Disposition

Writ petition dismissed with liberty to approach the High Court.

Orders

  • Petitioner is at liberty to file an appropriate petition in the High Court, if so advised.