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april 1966

Supreme Court of India · 1966-04-01

VAJESINGH SALAMBHAI NAIK & ORS. vs STATE OF GUJARAT & ANR.

Citation / case number
SC 1964/90287
Court
Supreme Court of India
Petitioner
VAJESINGH SALAMBHAI NAIK & ORS.
Respondent
STATE OF GUJARAT & ANR.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Section 20 and Section 17(1) of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, the Tribunal is mandated to decide appeals on merits, even if the appellant defaults in appearance. The Court found that the Tribunal erred in dismissing the applications for restoration of appeals as time-barred, clarifying that Regulation 21 of the Bombay Revenue Tribunal Act, 1958 allows for a 30-day period from the receipt of the dismissal order for such applications. The appeals were restored, and the Tribunal was directed to decide them on merits.

VAJESINGH SALAMBHAI NAIK & ORS. vs STATE OF GUJARAT & ANR. · Niyam