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january 1964

Supreme Court of India · 1964-01-30

STATE OF GUJARAT vs VORA FIDDALI BADRUDDIN MITHIBARWALA

Citation / case number
SC 1963/91
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT
Respondent
VORA FIDDALI BADRUDDIN MITHIBARWALA
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C. & DAYAL, RAGHUBAR,AYYANGAR, N.R. & MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court addressed the validity of a Tharao issued by the Ruler of Sant State granting rights over forests to jagirdars, which was contested after the state's merger with India. The Court held that the non-recognition of the grant by the Dominion of India did not invalidate the rights conferred, as the new sovereign had not expressly or impliedly repudiated them. The High Court's decision to uphold the jagirdars' rights was affirmed, establishing that the Act of State continues until the new sovereign recognizes the rights of the grantees.

STATE OF GUJARAT vs VORA FIDDALI BADRUDDIN MITHIBARWALA · Niyam