Supreme Court of India · 1960-08-26
THE STATE OF UTTAR PRADESHAND OTHERS vs H. H. MAHARAJA BRIJENDRA SINGH.
- Citation / case number
- SC 1956/5
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF UTTAR PRADESHAND OTHERS
- Respondent
- H. H. MAHARAJA BRIJENDRA SINGH.
- Author
- DAS, S.K.,KAPURL.,SUBBARAO, K.,HIDAYATULLAH, M.,AYYANGAR, N. RAJAGOPALA
- Bench
- DAS, S.K.,KAPUR, J.L.,SUBBARAO, K.,HIDAYATULLAH, M.,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court upheld the constitutionality of the U.P. Land Acquisition (Rehabilitation of Refugees) Act, 1948, stating that its inclusion in the Ninth Schedule by the Constitution (Fourth Amendment) Act, 1955, under Article 31-B protects it from challenges based on Section 299(2) of the Government of India Act. The Court ruled that the Act could not be deemed void for contravening the Government of India Act, as it was specifically saved by constitutional provisions. The judgment of the Allahabad High Court was thus reversed, affirming the validity of the Act.