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august 1973

Supreme Court of India · 1973-08-02

STATE OF MAHARASHTRA vs LAXMAN CHIMAN NAIK & ANR.

Citation / case number
SC 1967/295
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
LAXMAN CHIMAN NAIK & ANR.
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision that inamdars were entitled to compensation under Section 7(1) of the Bombay Bhil Naik Inam Abolition Act, 1955, for the abolition of their inams. The Court established that grants of land burdened with service cannot be resumed without specific provisions for resumption, and since the grants were intended as land transfers rather than remuneration for services, the abolition modified property rights. The Court affirmed the High Court's ruling, reinforcing the principle that express provisions for resumption indicate an implied prohibition against resumption in other circumstances.

STATE OF MAHARASHTRA vs LAXMAN CHIMAN NAIK & ANR. · Niyam