AIR 1959 SUPREME COURT 1362

Supreme Court Of India

(From Calcutta : AIR 1953 Cal 642) 21st May, 1959.

Hon'ble Judge(s): S. Jafer Imam, Ajit Kumar Sarkar, K. Subba Rao , JJJ

(A) Constitution of India , Art.136— Special leave not to be granted when appeal lies to other Court. It cannot be contended that the Supreme Court has no jurisdiction to entertain an appeal against the order of a Court when an appeal lies from that order to another Court. The provisions of Art. 136 of the Constitution are not circumscribed by any such limitation. But when an appeal lay to another Court the Supreme Court should not give special leave and thereby short-circuit the legal procedure prescribed.(Para 2 20) Anno : AIR Com. Const. of Ind., Art, 136, N. 10. (B) Deed - Construction - When the words are clear and unambiguous there is no scope for drawing upon hypothetical considerations or supposed intentions of the parties. (Para 6) (C) Contract Act (9 of 1872) , S.62— Contract stating that earlier contracts would be finally concluded in norms of the new. (Per majority, Sarkar J. Contra). Where the clause in a settlement in express terms declared that the earlier contracts should be finally concluded in terms of the settlement and no party would have any claim against the oth....