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.