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march 1961

Supreme Court of India · 1961-03-16

BHAU RAM vs B. BAIJNATH SINGH AND OTHERS

Citation / case number
SC 1955/29
Court
Supreme Court of India
Petitioner
BHAU RAM
Respondent
B. BAIJNATH SINGH AND OTHERS
Author
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,MUDHOLKARR.
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the appellant's act of withdrawing the pre-emption price did not equate to acceptance of the decree, allowing him to proceed with the appeal against it. The Court clarified that the principle of approbate and reprobate applies only when the benefit conferred is separate from the merits of the claim. The Rewa State Pre-emption Act, 1949, was not deemed unconstitutional under Article 19(1)(f) as the appellant retained the right to appeal despite withdrawing the amount deposited in court.

BHAU RAM vs B. BAIJNATH SINGH AND OTHERS · Niyam