Promod Vohra Thesis

Promod Vohra Thesis-14
(iv) That the impugned Tharao was not a law as it did not lay down any rule of conduct. These rights in question cannot be protected under the Constitution because these rights were not recognised even before 1950.

(iv) That the impugned Tharao was not a law as it did not lay down any rule of conduct. These rights in question cannot be protected under the Constitution because these rights were not recognised even before 1950.

Their claims were opposed by the State of Bombay mainly on the ground that in the absence of recognition, express or implied, by the successor State of the rights conferred by the former ruler on the jagirdars the respondents could not enforce them in the Municipal Courts.

The respondents claimed in these suits that the rights of the grantees to the forests were not liable to be cancelled by the Dominion of India after the merger of the State of Sant in June, 1948, by executive action, and that the Government of Bombay was not competent to obstruct them in the exercise of those rights.

This Court has accepted the principles laid down by the Courts in England in regard to the limits of the jurisdiction of Municipal Courts.

In the United States the Constitution declares a treaty to be the law of the land. Article 253 enables legislation to be made to implement international treaties.

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RESPONDENT: VORA FIDDALI BADRUDDIN MITHIBARWALA DATE OF JUDGMENT: 30/01/1964 BENCH: AYYANGAR, N. These respondents filed five suits against the State of Gujarat.

The fact that Maharana's Tharao was passed to benefit a larger number of persons en bloc does not make it any the more a law if it did not possess any of the indicia of a law.

It was a grant made to the Jagirdars mentioned in the Tharao..

It is a grant and as a grant it was open to the new sovereign not to recognise it.

The Tharao did give rights to the grantees but did not lay down any rule of conduct.

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