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october 1981

Supreme Court of India · 1981-10-01

SAYED MOHOMED BAQUIR EL-EDROOS (DEAD) BY LRS. vs STATE OF GUJARAT

Citation / case number
SC 1977/61815
Court
Supreme Court of India
Petitioner
SAYED MOHOMED BAQUIR EL-EDROOS (DEAD) BY LRS.
Respondent
STATE OF GUJARAT
Author
R.B. MISRA
Bench
R.B. MISRA

Judgment text excerpt

The Supreme Court held that the finality of the decision of the Government under Explanation I to Section 2(1)(e) of the Bombay Personal Inams Abolition Act, 1952 does not exclude the jurisdiction of the Civil Court. The Court emphasized that unless there is a specific or implied bar to the Civil Court's jurisdiction, it retains the authority to entertain suits. The Court also referenced the principles established in Dulabhai v. State of Madhya Pradesh regarding the exclusion of Civil Court jurisdiction when adequate remedies are provided, concluding that such remedies were not available under the 1952 Act.

SAYED MOHOMED BAQUIR EL-EDROOS (DEAD) BY LRS. vs STATE OF GUJARAT · Niyam