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.