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september 1960

Supreme Court of India · 1960-09-19

THAKUR MANMOHAN DEO AND ANOTHER vs THE STATE OF BIHAR AND OTHERS.(AND CONNECTED APPEAL)

Citation / case number
SC 1955/13
Court
Supreme Court of India
Petitioner
THAKUR MANMOHAN DEO AND ANOTHER
Respondent
THE STATE OF BIHAR AND OTHERS.(AND CONNECTED APPEAL)
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 held that the Bihar Land Reforms Act, 1950, applies to all ghatwali tenures, including government ghatwalis, as defined in Section 2 of the Act. The Court ruled that the Act pertains to property acquisition under Entry 36 of List II of the Seventh Schedule of the Constitution, thus affirming the legislative competence of the State Legislature. The principle that a special law regarding special tenures is unaffected by a general law was deemed inapplicable, as the Act's essence relates to property acquisition, not a repeal of the Bengal Regulation XXIX of 1814.

THAKUR MANMOHAN DEO AND ANOTHER vs THE STATE OF BIHAR AND OTHERS.(AND CONNECTED APPEAL) · Niyam