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Showing contexts for: spin-off in Ambika Prasad Mishra Etc vs State Of U.P. And Ors. Etc on 9 May, 1980Matching Fragments
There is no blanket ban here but only qualified invalidation of certain sinister assignments etc. Counsel weaves gossamer webs which break on mere judicial touch when he argues that transfer 'in good faith and for adequate consideration' have been unconstitutionally exempted. The bizarre submission is that 'adequate consideration' is an arbitrary test. We reject it without mere discussion. The second limb of the submission is that while s. (6) directs the authority to ignore certain transfers it does not void it. The further spin-off adroitly presented by counsel is that the provision violates the second proviso to Art. 31. It is a little too baffling to follow and we dismiss the submission as hollow. The provision in s.5(6), when read in the light of the Provisos, is fair and valid.