The Respondent-assessee owned vast agricultural proper- ties which came to be vested in the State Government by virtue of the provisions of the West Bengal Estates Acquisi- tion Act, 1953. The assessee was entitled to receive compen- sation in respect of those lands. For the assessment years 1957-58...

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Kali Prasad Agarwalla & Ors Vs. Bharat Coking Coal Limited & Ors [1989] INSC 117 (31 March 1989)

Judgement Date : march/1989, Citation : 1989 Latest Caselaw 117 SC

Headnote :

Section 3 of the Bihar Land Reforms Act, 1950 provided for vesting an estate or tenure in the State. Section 2(h) of the Coal Mines (Nationalisation) Act, 1973 defines a 'mine, to mean any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being...

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State of Uttar Pradesh & Ors Vs. Radhey Shyam Nigam & Ors [1989] INSC 6 (11 January 1989)

Judgement Date : january/1989, Citation : 1989 Latest Caselaw 6 SC

Headnote :

The U.P. Legislature enacted in 1973 the Uttar Pradesh Urban Planning and Development Act. On or about 11th Septem- ber, 1974 Lucknow had been declared to be a development area by a notification. The Land Acquisition (Amendment) Act 1984 was made effective from 24th September, 1984. Notifications un...

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Raja Satyendra Narayan Singh & ANR Vs. State of Bihar & Ors [1987] INSC 150 (5 May 1987)

Judgement Date : may/1987, Citation : 1987 Latest Caselaw 149 SC

Headnote :

Section 3 of the Bihar Land Reforms Act, 1950 provides for vesting of an estate or tenure in the State by notification. Under s. 9 from the date of such vesting all mines comprised in the estate or tenure, as were in operation at the commencement of the Act and were being worked directly by the inte...

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Commissioner of Wealth Tax, Patna Vs. Raghublr Narain Singh [1984] INSC37 (20 February 1984)

Judgement Date : february/1984, Citation : 1984 Latest Caselaw 37 SC

Headnote :

The assessee is an individual and his estate stood vested in the State of Bihar under the Bihar Land Reforms Act, 1950 as and from 1st of July 1952, and he is entitled to receive compensation under the Act from the Government. The assessors during the relevant assessment years had obtained two mo...

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Commlsstoner of Wealth Tax, Bihar, Patna Vs. Maharaja Kumar Kamal Singh [1984] INSC36 (20 February 1984)

Judgement Date : february/1984, Citation : 1984 Latest Caselaw 36 SC

Headnote :

While computing the net wealth of the respondent- assessee for purposes of wealth tax assessment under the Wealth Tax Act, 1957, the wealth tax officer included certain amount as the value of the assessee's right to compensation which had accrue;! to him on vesting of his estate in the State of...

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Western Coalfields Ltd. Vs. Special Area Development Authority, Korba & ANR [1981] INSC 194 (26 November 1981)

Judgement Date : november/1981, Citation : 1981 Latest Caselaw 194 SC

Headnote :

The Madhya Pradesh Municipalities Act, 1961 by S. 127 (1) (i) empowered a municipal council to impose, in the whole or any part of the municipality, "a tax payable by the owners of houses, buildings or lands situated within the limits of Municipality with reference to annual letting value of th...

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Bhaiya Ramanuj Pratap Deo Vs. Lalu Maheshanuj Pratap Deo & Ors [1981] INSC 149 (26 August 1981)

Judgement Date : august/1981, Citation : 1981 Latest Caselaw 149 SC

Headnote :

Bhaiya Rudra Pratap Deo was the holder of an impartible estate, known as Nagaruntari estate, in the district of Palamau. The succession to the estate was governed by the rule of lineal primogeniture. Under the said rule the eldest male member of the eldest line was to succeed to the estate while the...

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Harcharan Singh Vs. Shiv Rani & Ors [1981] INSC 44 (20 February 1981)

Judgement Date : february/1981, Citation : 1981 Latest Caselaw 44 SC

Headnote :

The appellant was inducted in the year 1964 as a tenant of the suit premises on an yearly rental payable by December 31, every year. Since the appellant did not pay the rent for the years 1965, 1966 a combined notice dated November 9, 1966 demanding payment of arrears and seeking ejectment on termin...

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State of U.P. Vs. Synthetics & Chemicals Ltd. & Ors [1979] INSC 267 (19 December 1979)

Judgement Date : december/1979, Citation : 1979 Latest Caselaw 267 SC

Headnote :

The respondents who were licensees for the whole-sale vend of denatured spirit in their writ petitions before the High Court contended that levy of fees on denatured spirit was not justified because (i) the State was not providing any service to the trade and (ii) since it is the Parliament which ha...

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Ramesh Bejoy Sharma & Ors Vs. Pashupati Rai & Ors [1979] INSC 120 (17 July 1979)

Judgement Date : july/1979, Citation : 1979 Latest Caselaw 120 SC

Headnote :

In a suit filed against the respondents (defendants), for recovery of possession of the suit lands, the appellants (plaintiffs) alleged that the suit lands were the proprietor's private lands and were in their actual cultivating possession from time immemorial. The trial court dismissed the suit...

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Sone Valley Portland Cement Co. Ltd. Vs. The General, Mining Syndicate Pvt. Ltd. [1976] INSC 198 (24 August 1976)

Judgement Date : august/1976, Citation : 1976 Latest Caselaw 198 SC

Headnote :

The proprietor of large tracts of land leased blocks of land to. the lessees at a stipulated rate of royalty and rent. The lessees sub-leased the land to the appellant who undertook to pay the lessees the same royalty and rent. payable by them to the proprietor. They also agreed to pay an additio...

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State of Bihar & ANR Vs. Khas Karanpura Collieries Ltd. [1976] INSC 171 (6 August 1976)

Judgement Date : august/1976, Citation : 1976 Latest Caselaw 171 SC

Headnote :

Prior to October 25, 1949, the proprietors; of big estates granted mine leases either without payment of royalty or at very low royalty. In most c the lessees granted sub-leases on similar terms. The Mines and Mine (Regulation and Development) Act, 1948, prohibited grant of any mine lease except in...

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State of Haryana & ANR Vs. Chanan Mal [1976] INSC 58 (18 March 1976)

Judgement Date : march/1976, Citation : 1976 Latest Caselaw 58 SC

Headnote :

On the strength of entries in the (wajib-ul-arz) (village administration papers) of some villages the State Government considered itself to be the owner of salt petre deposits. By a notification it declared saltpetre as a minor mineral and auctioned the mines in accordance with the Punjab Minor Mine...

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Lachmi Narain Vs. Union of India & Ors [1975] INSC 288 (25 November 1975)

Judgement Date : november/1975, Citation : 1975 Latest Caselaw 286 SC

Headnote :

Section 2 of the Part States (Laws) Act, 1950, empowered the Central Government to extend by notification in the official gazette, to any Part C State, or to any part of it, with such restrictions and modifications as it thinks fit, any enactment in force in a Part A State. In 1951, the Central Gove...

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Gurucharan Singh Vs. Kamla Singh & Ors [1975] INSC 205 (9 September 1975)

Judgement Date : september/1975, Citation : 1975 Latest Caselaw 203 SC

Headnote :

Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure-holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas poss...

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Krishna Chandra Gangopadhyaya Vs. Union of India & Ors [1975] INSC 98 (18 April 1975)

Judgement Date : april/1975, Citation : 1975 Latest Caselaw 98 SC

Headnote :

This Court in the case of Baij Nath Kedia declared the second proviso to section 10(2) of the Bihar Land Reforms Act, 1950 unconstitutional on the ground that the Bihar Legislature had no jurisdiction to enact it and that Parliament alone was competent to legislate. This Court also held that rule 20...

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M/S. Hindustan Steel Limited, Rourkela Vs. Smt. Kalyani Banerjee & Ors [1972]291 (4 December 1972)

Judgement Date : december/1972, Citation : 1972 Latest Caselaw 291 SC

Headnote :

The original proprietor of an Estate granted a mining lease to one Pran Chatterjee in 1919. Chatterjee assigned his interest to one Mukherjee in 1937. The original petitioners before the High Court as heirs and successors of Mukherjee granted a sub-lease to one Rungta in, 1951. In 1955 the Estate ve...

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Kunjukutty Sahib Vs. State Kerala & ANR [1972] INSC 121 (26 April 1972)

Judgement Date : april/1972, Citation : 1972 Latest Caselaw 121 SC

Headnote :

The Kerala Land Reforms Act, 1963 (Act 1 of 1964) as originally enacted was specified in the Ninth Schedule to the Constitution and was thus protected under Art. 31-B of the Constitution., However the subsequent amending act namely the Kerala Land Reforms (Amendment) Act.1969, was not placed in the...

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Chander Sekhar Singh Boi Vs. The State of Orissa [1971] INSC 305 (5 November 1971)

Judgement Date : november/1971, Citation : 1971 Latest Caselaw 305 SC

Headnote :

By the Orissa Land Reforms Act, 1965, the Orissa Land Reforms Act, 1960, was amended by substituting new Chaps. III and IV for the original Chaps. III and-IV. By notifications issued under s. 1(3) of the Act, under which different dates may be appointed by notification for the coming into force o...

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Bhubaneshwar Prasad Narain Singh & Ors Vs. Sidheswar Mukherjee & Ors [1971] INSC 43 (2 February 1971)

Judgement Date : february/1971, Citation : 1971 Latest Caselaw 43 SC

Headnote :

In a suit for partition of bakash land a preliminary decree was passed. The defendants-appellants, claiming to be in actual possession of the bakasht land, filed a petition contending that the consequence of s. 6. of the Bihar Land Reforms Act, 1950 (which came into force in the meanwhile) was to pu...

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Kanpur Sugar Works Ltd. Vs. State of Bihar & Ors [1970] INSC 55 (6 March 1970)

Judgement Date : march/1970, Citation : 1970 Latest Caselaw 55 SC

Headnote :

The appellant was engaged in the business of manufacture of sugar, in the respondent-State. It was in possession of Zamindari property. Part of the area in its possession consisted of two enclosures The factory buildings were situated in the inner enclosure and the outer was used for residential qua...

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Gopi Krishna Kanoria Vs. Draupadi Sahaya & Ors [1970] INSC 30 (23 February 1970)

Judgement Date : february/1970, Citation : 1970 Latest Caselaw 30 SC

Headnote :

The respondents held from the appellant certain land on Mokurrari tenure (permanent lease) created under a registered instrument dated October 29, 1885. According to the said document the proprietor was competent to cancel the lease in the event of a default in the payment of 'four successive ki...

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Jamshed Jahan Begam & Ors Vs. Lakhan Lal & Ors [1969] INSC 259 (25 September 1969)

Judgement Date : september/1969, Citation : 1969 Latest Caselaw 259 SC

Headnote :

The predecessors-in-interest of the appellants were landlords owning an estate including agricultural land, trees, groves etc., in U.P., and were heavily indebted to the respondents. Most of the debts were secured. On the application of the landlords proceedings were taken under the U.P. Encumbered...

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Baijnath Kedia Vs. State of Bihar & Ors [1969] INSC 208 (28 August 1969)

Judgement Date : august/1969, Citation : 1969 Latest Caselaw 208 SC

Headnote :

Entry 54 of the Union List I in the Seventh Schedule to the Constitution confers power for the regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by Parliament by law to be expedient in the public interest....

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Budhan Singh & ANR Vs. Nabi Bux & ANR [1969] INSC 193 (20 August 1969)

Judgement Date : august/1969, Citation : 1969 Latest Caselaw 193 SC

Headnote :

The respondents being Ryots of the appellants were granted over sixty years ago a village site by the ancestors of the appellants on which they built their residential houses. During the 1947 riots the respondents in order to seek safety fled from the village temporarily and came back in 1949. Th...

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Shivashankar Prasad Shah & Ors Vs. Baikunth Nath Singh & Ors [1969] INSC 61 (7 March 1969)

Judgement Date : march/1969, Citation : 1969 Latest Caselaw 61 SC

Headnote :

After a preliminary decree was obtained by the appellants (mortgagees of an Estate including both Bakasht lands and other lands), the Bihar Land Reforms Act, 1950 came into force. The appellant filed petition for passing final decree. The Estate mortgaged vested in the State as a result of a notific...

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Raja Bahadur Giriwar Prasad Narain Singh Vs. Dukhu Lal Das & Ors [1967] INSC 121 (20 April 1967)

Judgement Date : april/1967, Citation : 1967 Latest Caselaw 121 SC

Headnote :

The plaintiff-respondents obtained a lease from defendant 1appellant. of certain rights in the estate of defendant 1, and paid him the lease money. By a notification published in the Official Gazette, the estate of defendant 1-appellant was vested in the defendant 2-State under the Bihar Land Reform...

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I.C. Golaknath & Ors Vs. State of Punjab & Anrs [1967] INSC 45 (27 February 1967)

Judgement Date : february/1967, Citation : 1967 Latest Caselaw 45 SC

Headnote :

The validity of the Punjab Security of Land Tenures Act, 1953 (Act 10 of 1953) and of the Mysore Land Reforms Act (Act 10 of 1962) as amended by Act 14 of 1965 was challenged by the petitioners under Art. 32 of the Constitution. Since these Acts were included in the 9th Schedule to the Constitution...

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Raj Kishore Prasad Narain Singh Vs. Ram Partap Pandey & Ors [1966] INSC 248 (7 November 1966)

Judgement Date : november/1966, Citation : 1966 Latest Caselaw 251 SC

Headnote :

The appellant had obtained a usufructuary mortgage from the respondents in 1925 in respect of three sets of properties in Bihar : (a) five items of milkiat properties; (b) a three storey house in the town of Gaya; and (c) certain bakasht lands. By virtue of a notification issued under s 3 of the Bih...

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Bihar Mines Ltd. Vs. Union of India [1966] INSC 195 (3 October 1966)

Judgement Date : october/1966, Citation : 1966 Latest Caselaw 196 SC

Headnote :

A lease of certain lands in Palganj estate in Bihar was granted by the Zamindar in 1928 for a period of 49 years. The lease was for the mining of soap stone, kaoline etc. There were sub-leases in 1933, 1934, and 1954-the last being in favour of the appellants. Under the Bihar Land Reforms Act,...

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Dr. G.H. Grant Vs. State of Bihar [1965] INSC 88 (30 March 1965)

Judgement Date : march/1965, Citation : 1965 Latest Caselaw 88 SC

Headnote :

The appellant owned certain lands in the State of Bihar in respect of which proceedings under the Land Acquisition Act were started. Under s. 11 of the Act the Collector fixed the area of the land to be acquired and the compensation payable, and also apportioned the compensation between the appellan...

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Ram Ran Bijai Singh & Ors Vs. Behari Singh Alias Bagandha Singh [1963] INSC 119 (25 April 1963)

Judgement Date : april/1963, Citation : 1963 Latest Caselaw 143 SC

Headnote :

The appellants' ancestors had executed a registered rehan bond of the suit land along with other lands. In 1941 the appellants paid off the amount due on the rehan bond and entered satisfaction on the bond. On the redemption of the bond the appellants sought to get possession of the suit land. T...

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Surajnath Ahir & Ors Vs. Prithinath Singh & Ors [1962] INSC 203 (4 May 1962)

Judgement Date : may/1962, Citation : 1962 Latest Caselaw 203 SC

Headnote :

after the mortgages had been redeemed. The trial court found that the plaintiff respondents had no subsisting title to the lands and that the suit was barred by adverse possession and limitation. The High Court, on appeal filed by the plaintiff respondents, allowed the appeal on the 291 ground th...

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Prithi Nath Singh & Ors Vs. Suraj Ahir & Ors [1962] INSC 202 (4 May 1962)

Judgement Date : may/1962, Citation : 1962 Latest Caselaw 202 SC

Headnote :

The present petitioners were respondents in C. A. No. 533/60 and the present respondents were the appellants in that appeal. The appeal was allowed by this Court on the ground that the respondents had lost their right to recover possession from the appellants on their estate vesting in the State of...

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Krishna Prasad & Ors Vs. Gauri Kumari Devi [1962] INSC 83 (5 March 1962)

Judgement Date : march/1962, Citation : 1962 Latest Caselaw 83 SC

Headnote :

The appellant obtained a preliminary decree, on an anomalous mortgage of a share in the Zamindari village of Sonchari Mouza in the Patna District and khudkasht land appertaining to the Mouza, against the mortgaged properties with a direction for a personal decree for the balance and there followed a...

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Raja Sailendra Narayan Bhanj Deo Vs. Kumar Jagat Kishore Prasad Narayan Singh [1961] INSC 355 (13 December 1961)

Judgement Date : december/1961, Citation : 1961 Latest Caselaw 355 SC

Headnote :

K the mortgagee of certain Mokarrari tenures obtained a decree on his mortgage and put it into execution. Pending execution, C the mortgagor having failed to pay the rent of the mortgaged and some other tenures they became liable to be sold for the realisation of the arrears of rent under a certific...

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State of Bihar & ANR Vs. Umesh Jha [1961] INSC 209 (3 May 1961)

Judgement Date : may/1961, Citation : 1961 Latest Caselaw 209 SC

Headnote :

Section 4(h) of the Bihar Land Reforms Act, 1950, as amended by the Bihar Land Reforms (Amendment) Act, 1959, which empowers the Collector to annul anticipatory transfers of land designed to defeat the object of the Act, is protected by Art. 31A of the Constitution although it does not by itself pro...

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State of Bihar Vs. Rameshwar Pratap Narain Singh& Ors [1961] INSC 183 (25 April 1961)

Judgement Date : april/1961, Citation : 1961 Latest Caselaw 183 SC

Headnote :

After the estates and tenures of proprietors or tenureholders had passed to and became vested in the State by virtue of the Bihar Land Reforms Act, 1950, the Revenue Authorities interfered with the rights of those exproprietors and ex-tenure holders to hold Melas on lands which were occupied by them...

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The State of Bihar Vs. Rani Sonabati Kumari [1960] INSC 155 (20 September 1960)

Judgement Date : september/1960, Citation : 1960 Latest Caselaw 155 SC

Headnote :

The respondent sued the State of Bihar for a declaration that the Bihar Land Reforms Act, 1950, was ultra vires, void and unconstitutional and for a permanent injunction restraining the State and its officers or agents from issuing any notification there under in respect of her estate or taking poss...

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Thakur Manmohan Deo & ANR Vs. The State of Bihar & Ors [1960] INSC 153 (19 September 1960)

Judgement Date : september/1960, Citation : 1960 Latest Caselaw 153 SC

Headnote :

The appellants were holders of ghatwali tenure called Rohini and Pathrole ghatwalis and were governed by Bengal Regulation XXIX of 1814. The Bihar Land Reforms Act, 1950, was enacted by the Bihar State Legislature and came into force on September 25, 1950. In suits instituted by the appellants the q...

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Gullapalli Nageswara Rao & Ors Vs. Andhra Pradesh State Road Transport corporation & ANR [1958] INSC 110 319 (5 November 1958)

Judgement Date : november/1958, Citation : 1958 Latest Caselaw 110 SC

Headnote :

With a view to nationalise the road transport services under Ch. IV A of the Motor Vehicles Act, 1939 (IV Of 1939), inserted into it by the amending Act 100 of 1956, the General Manager of Andhra State Transport Undertaking published a scheme under s. 68C of the Act in the Official Gazette and invit...

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Raja Bahadur Kamakshya Narainsingh & Ors Vs. The Collector And Deputy Commissioner of Hazaribagh [1955] INSC 59 (28 October 1955)

Judgement Date : october/1955, Citation : 1955 Latest Caselaw 59 SC

Headnote :

On the 29th of December, 1947, petitioner No. 1 executed a lease to C (a company) of certain properties consisting of lands and buildings comprised in the estate belonging to him. Subsequently, in 1949 he executed a deed of settlement whereby he transferred the properties to three trustees, namely,...

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Motipur Zamindari Co. Ltd. Vs. The State of Bihar & ANR [1953] INSC 37 (17 April 1953)

Judgement Date : april/1953, Citation : 1953 Latest Caselaw 37 SC

Headnote :

The word " person " in the definitions of " proprietor "" and tenure-holder " contained in a. 2 (o) and s. 2 (r) respectively of the Bihar Land Reforms Act, 1950, includes companies incorporated under the Indian Companies Act, 1913. There is nothing repugnant in the...

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The State of Bihar Vs. Maharajadhiraja Sir Kameshwar Singhof Darbhanga & Ors [1952] INSC 39 (27 May 1952)

Judgement Date : may/1952, Citation : 1952 Latest Caselaw 39 SC

Headnote :

Held per Curiam (MAHAJAN, MUKHERJEA and CHANDRASEKHARA AIYAR JJ.)--The Bihar Land Reforms Act, XXX of 1950, is not unconstitutional or void except with regard to the provisions in s. 4 (b) and s. 23 (f) thereof. The provisions of S. 4 (b) and s, 23 (f) are unconstitutional. Per PATANJALI SASTRI C.J....

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Visweshwar Rao Vs. The State of Madhya Pradesh [1952] INSC 38 (27 May 1952)

Judgement Date : may/1952, Citation : 1952 Latest Caselaw 38 SC

Headnote :

Held by the Full Court (PATANJALI SASTRI C.J., MAHAJAN, MUKHERJEA, DAS and CHANDRASEKHARA AIYAR JJ.)--The Madhya Pradesh Abolition of Proprietory Rights {Estates. Mahals, Alienated Lands}, Act (1 of 1951) is valid in its entirety. In view of the provisions contained in arts. 31 (4J, 31-A and 31-B...

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Ram Ran Bijai Singh & Ors Vs. Behari Singh Alias Bagandha Singh [1963] INSC 119 (25 April 1963)

Judgement Date : april/1963, Citation : 1963 Latest Caselaw 97 SC

Headnote :

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State Bare Acts

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