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The State Of Vindhya Pradesh(Now Madhya ... vs Moradhwaj Singh And Others on 24 February, 1960
cites
Section 37 in The Abolition of Jagirs and Land Reforms Act, 1952 (Vindhya Pradesh) [Entire Act]
The Abolition of Jagirs and Land Reforms Act, 1952 (Vindhya Pradesh)
Article 31A in Constitution of India [Constitution]
Section 22 in The Abolition of Jagirs and Land Reforms Act, 1952 (Vindhya Pradesh) [Entire Act]
Section 9 in The Code of Civil Procedure, 1908 [Entire Act]
Section 6 in The Abolition of Jagirs and Land Reforms Act, 1952 (Vindhya Pradesh) [Entire Act]
Article 226 in Constitution of India [Constitution]
Thakur Raghubir Singh And Others vs The State Of Ajmer (Now Rajasthan) And ... on 14 November, 1958
Applying this principle it is obvious that the Vindhya
Pradesh legislature in this case had full competence to make
this provision under Entry 18, List II of the Seventh
Schedule. There is no question here of transgressing those
powers and veiling the transgression under a pretence or
disguise. We do not think it was proper for the Judicial
Commisisioner to
(1) [1954] S.C.R. (1)
113
ascribe motives to the legislature as he seems to have done
by saying that the provision was made for creating
inconvenience to a class whom the legislature did not like.
Nor do we think that there is any force in the argument that
art. 31-A has no application to provisions dealing with
allotment of land, for ss. 7 and 22 of the Act work out the
scheme of acquisition of estates and are incidental
provisions which are equally protected under that Article
along with the main provisions contained in ss. 5 and 6 of
the Act; (see Raghubir Singh v. The State of Ajmer (now
Rajasthan) (1). The provisions of s. 22 as a whole provide
a scheme for carrying out the intention of the legislature
expressed in s. 7(a) of the Act and are in our opinion
perfectly constitutional.
The Supreme Court Reportsk.C. Gajapati ... vs The State Of Orissa on 29 May, 1953
Gajapati Narayan Deo
v. The State of Orissa (1). It was pointed there that :-