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march 1992

Supreme Court of India · 1992-03-06

ASHWANI KUMAR DHINGRA vs STATE OF PUNJAB

Citation / case number
SC 1979/62867
Court
Supreme Court of India
Petitioner
ASHWANI KUMAR DHINGRA
Respondent
STATE OF PUNJAB
Author
YOGESHWAR DAYAL
Bench
YOGESHWAR DAYAL

Judgment text excerpt

The Supreme Court held that there can be no co-parcenary between brothers excluding the father, as established under Hindu Law. The Court dismissed the appellant's claim that the writ petition filed by his father and brother included him by implication, stating that the litigation was in their own right without any representation for the appellant. The Court clarified that one co-owner can challenge land acquisition while another may accept compensation, and such acceptance does not estop the other from contesting the acquisition under Sections 4 and 6 of the Land Acquisition Act, 1894.

ASHWANI KUMAR DHINGRA vs STATE OF PUNJAB · Niyam