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march 1971

Supreme Court of India · 1971-03-29

UNION OF INDIA vs SUDHANSU MAZUMDAR & ORS.

Citation / case number
SC 1968/60417
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
SUDHANSU MAZUMDAR & ORS.
Author
SIKRI, S.M. (),SHELATM.,VAIDYIALINGAM, C.A.,GROVER, A.N.,RAY, A.N.
Bench
SIKRI, S.M. (CJ),SHELAT, J.M.,VAIDYIALINGAM, C.A.,GROVER, A.N.,RAY, A.N.

Judgment text excerpt

The Supreme Court held that the cession of territory to Pakistan under the Constitution (Ninth Amendment) Act, 1960 does not constitute acquisition within the meaning of Article 31(2) of the Constitution, as there is no transfer of ownership or right to possession of property of the inhabitants. The Court clarified that mere deprivation of property does not attract compensation obligations unless it involves acquisition or requisitioning. The Court also noted that the practice of a single Judge granting a certificate under Article 132(1) for appeal should be limited to exceptional cases, emphasizing the need for judgments from a larger bench on substantial issues.

UNION OF INDIA vs SUDHANSU MAZUMDAR & ORS. · Niyam