Reviewed case brief

Garikapati Veeraya v. N. Subbiah Choudhry

AIR 1957 SC 540

AIR 1957 SC 540 · Supreme Court of India

right-of-appealvested-rightsubstantive-rightretrospectiveno-retrospective-deprivation
Court
Supreme Court of India
Year
1957
Subjects
Interpretation of Statutes
Reviewed
2026-08-02

Rule established

The right of appeal is a substantive right, not merely a procedural one. It vests in a litigant on the date the suit is instituted. A subsequent amendment taking away the right cannot operate retrospectively unless expressly provided.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1957 SC 540

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.