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april 1989

Supreme Court of India · 1989-04-19

DIBYASINGH MALANA vs STATE OF ORISSA & ORS.

Citation / case number
SC 1989/72452
Court
Supreme Court of India
Petitioner
DIBYASINGH MALANA
Respondent
STATE OF ORISSA & ORS.
Author
N.D. OJHA
Bench
N.D. OJHA

Judgment text excerpt

The Supreme Court upheld the definition of 'family' under Section 37(b) of the Orissa Land Reforms Act, 1960, ruling that major married sons who separated by partition before September 26, 1970, are entitled to separate ceiling units. The Court found that the Act's provisions have a clear nexus with the agrarian reform policy under Article 39(b) of the Constitution. The interpretation proposed by the appellants to modify the definition was rejected, affirming that the existing language of the statute is clear and serves the legislative intent of redistributing surplus land.

DIBYASINGH MALANA vs STATE OF ORISSA & ORS. · Niyam