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april 2009

Supreme Court of India · 2009-04-17

U.P. STATE SUGAR & CANE DEVELOPMENT LTD. vs RAZA BULAND SUGAR CO. LTD. .

Citation / case number
SC 2001/1451
Court
Supreme Court of India
Petitioner
U.P. STATE SUGAR & CANE DEVELOPMENT LTD.
Respondent
RAZA BULAND SUGAR CO. LTD. .
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the decision of the Allahabad High Court, affirming the trial court's ruling regarding the applicability of the U.P. Sugar Undertakings Acquisition Ordinance and the Sugar Undertakings (Taking Over of Management) Act, 1978. The Court found that the properties in question were indeed covered by the definition of 'scheduled undertaking' as per Section 2(h) of the Act, thus dismissing the plaintiffs' claims for possession. The Court also ruled that the suit was not barred by res judicata or Section 34 of the Specific Relief Act, 1963, as the plaintiffs had not sought other consequential reliefs, leading to the dismissal of the appeals by the plaintiffs and defendants alike.

U.P. STATE SUGAR & CANE DEVELOPMENT LTD. vs RAZA BULAND SUGAR CO. LTD. . · Niyam