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august 1964

Supreme Court of India · 1964-08-31

STATE OF BOMBAY (MAHARASHTRA) vs SHIVBALAK GOURISHANKER DUBE & OTHERS

Citation / case number
SC 1962/72
Court
Supreme Court of India
Petitioner
STATE OF BOMBAY (MAHARASHTRA)
Respondent
SHIVBALAK GOURISHANKER DUBE & OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ)

Judgment text excerpt

The Supreme Court held that under Section 83 of the Bombay Tenancy and Agricultural Laws Act, 1948, the delegation of powers includes the delegation of duties necessary for the exercise of those powers. The Court clarified that the Deputy Collector is not required to personally inspect the agricultural fields but may delegate the inspection to a subordinate officer, thus not constituting improper delegation. The High Court's reversal of the trial court's dismissal of the respondents' suit was set aside, affirming the legality of the Deputy Collector's order under Section 65.

STATE OF BOMBAY (MAHARASHTRA) vs SHIVBALAK GOURISHANKER DUBE & OTHERS · Niyam