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december 1996

Supreme Court of India · 1996-12-03

STATE OF U.P. vs BUDH SINGH (D) BY LRS.

Citation / case number
SC 1983/66102
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
BUDH SINGH (D) BY LRS.
Author
B.L. HANSARIA FAIZAN UDDIN
Bench
B.L. HANSARIA FAIZAN UDDIN

Judgment text excerpt

The Supreme Court held that the High Court misinterpreted the Division Bench's ruling in Krishan Kumar's case regarding the applicability of Section 38-B of the Ceiling Act. The Court clarified that Section 38-B is broad enough to encompass findings made under the Ceiling Act prior to its commencement, and the earlier findings are not binding unless subsequent amendments justify their reopening. Consequently, the Court set aside the High Court's remand order and restored the decision of the Prescribed Authority from 1976, allowing the appeal without costs.

STATE OF U.P. vs BUDH SINGH (D) BY LRS. · Niyam