Supreme Court of India · 1954-10-11
DHIRUBHA DEVISINGH GOHIL vs THE STATE OF BOMBAY.[WITH CONNECTED APPEALS]
- Citation / case number
- SC 1952/12
- Court
- Supreme Court of India
- Petitioner
- DHIRUBHA DEVISINGH GOHIL
- Respondent
- THE STATE OF BOMBAY.[WITH CONNECTED APPEALS]
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,JAGANNADHADAS, B.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court upheld the validity of the Bombay Taluqdari Tenure Abolition Act, 1949, stating that it does not violate fundamental rights as per Article 31-B of the Constitution, which protects laws included in the Ninth Schedule from judicial review. The Court clarified that the Act's provisions, including the abolition of taluqdari tenures and the vesting of property in the Government, are valid and cannot be challenged under Section 299 of the Government of India Act, 1935. The case of The State of Bihar v. Maharajadhiraja Sir Kameshwar Singh was distinguished on its facts.