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april 1972

Supreme Court of India · 1972-04-28

MALANKARA RUBBER AND PRODUCE CO., & ORS. ETC.ETC. vs STATE OF KERALA & ORS. ETC. ETC.

Citation / case number
SC 1970/60265
Court
Supreme Court of India
Petitioner
MALANKARA RUBBER AND PRODUCE CO., & ORS. ETC.ETC.
Respondent
STATE OF KERALA & ORS. ETC. ETC.
Author
SIKRI, S.M. (),SHELATM.,DUA, I.D.,KHANNA, HANS RAJ,MITTER, G.K.
Bench
SIKRI, S.M. (CJ),SHELAT, J.M.,DUA, I.D.,KHANNA, HANS RAJ,MITTER, G.K.

Judgment text excerpt

The Supreme Court upheld the amendments to the Kerala Land Reforms Act, particularly Section 96(1A), stating that it is the petitioners' burden to prove their lands are not 'estates' to be exempt from the Act's purview. The Court ruled that the 1964 Act's provisions cannot be challenged under Article 31 due to their inclusion in the Ninth Schedule of the Constitution. Furthermore, the reduction of ceiling limits by the 1969 Amendment does not invoke the second proviso to Article 31A(1), and the legislature's authority to set ceilings for landholders, including incorporated bodies, was affirmed.

MALANKARA RUBBER AND PRODUCE CO., & ORS. ETC.ETC. vs STATE OF KERALA & ORS. ETC. ETC. · Niyam