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march 1962

Supreme Court of India · 1962-03-07

BHAU RAM vs B. BAIJNATH SINGH

Citation / case number
SC 1955/162
Court
Supreme Court of India
Petitioner
BHAU RAM
Respondent
B. BAIJNATH SINGH
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that Section 10 of the Rewa State Pre-emption Act, 1946, which conferred the right of pre-emption based on vicinage, imposed unreasonable restrictions on the right to acquire, hold, or dispose of property under Article 19(1)(f) of the Constitution, rendering it void. The Court found that the law served to prevent strangers from acquiring property in certain areas, which was discriminatory and contrary to Article 15. The dissenting opinion maintained that Section 10 did not violate Article 19(1)(f) and was valid.

BHAU RAM vs B. BAIJNATH SINGH · Niyam