VidhiSangh

Supreme Court of India · 15/10/2019

H. S. YADAV versus SHAKUNTALA DEVI PARAKH

[2019] 13 S.C.R. 733 · 2019 INSC 1144

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An appeal from the Chhattisgarh Rent Control Tribunal raised the State Legislature’s competence to confer a direct appeal to the Supreme Court. The Court struck down the statutory direct-appeal provision as beyond State legislative power and dismissed the appeal as not maintainable, preserving recourse to the High Court’s supervisory jurisdiction. It did not decide the underlying rent dispute.

Issues

  1. Whether the State Legislature could confer an appeal as of right to the Supreme Court from its Rent Control Tribunal.

Provisions considered

Held

Result

Section 13(2) was struck down insofar as it provided a direct appeal to the Supreme Court, and the appeal was dismissed as not maintainable. The appellant could approach the High Court under Article 227 for lawful determination of his grievance. Pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 733.