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december 1973

Supreme Court of India · 1973-12-17

STATE OF PUNJAB AND ANR. vs KHAN CHAND

Citation / case number
SC 1967/272
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB AND ANR.
Respondent
KHAN CHAND
Bench
RAY, A.N. (CJ),KHANNA, HANS RAJ,MATHEW, KUTTYIL KURIEN,ALAGIRISWAMI, A.,BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court held that Section 2 of the East Punjab Movable Property (Requisitioning) Act, 1947, is unconstitutional as it confers arbitrary powers for requisitioning movable property without any guidelines, violating Article 14 of the Constitution. The Court emphasized that while discretion can be granted to authorities, it must be accompanied by clear guidelines to prevent arbitrariness. The absence of such guidelines renders the provision invalid, as it leads to discrimination and undermines the principle of equality enshrined in Article 14.

STATE OF PUNJAB AND ANR. vs KHAN CHAND · Niyam