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february 1954

Supreme Court of India · 1954-02-02

RAJ RAJENDRA MALOJIRAO SHITOLE vs THE STATE OF MADHYA BHARAT.RAJA BALBHADRA SINGHV.THE STATE

Citation / case number
SC 1953/1462
Court
Supreme Court of India
Petitioner
RAJ RAJENDRA MALOJIRAO SHITOLE
Respondent
THE STATE OF MADHYA BHARAT.RAJA BALBHADRA SINGHV.THE STATE
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM

Judgment text excerpt

The Supreme Court ruled that the Madhya Bharat Abolition of Jagirs Act (XXVIII of 1951) was not void despite claims that it was not passed by a validly constituted legislature, as the Madhya Bharat Legislative Assembly was functioning on January 26, 1950. The Court held that the validity of the Acts passed by this Assembly could not be questioned under Article 385 of the Constitution, regardless of compliance with the covenant terms. The scope of Articles 379, 382, and 385 was also discussed in this context.

RAJ RAJENDRA MALOJIRAO SHITOLE vs THE STATE OF MADHYA BHARAT.RAJA BALBHADRA SINGHV.THE STATE · Niyam