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october 1954

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.

DHIRUBHA DEVISINGH GOHIL vs THE STATE OF BOMBAY.[WITH CONNECTED APPEALS] · Niyam