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Devendra Nath Singh (Dead) Through Lrs. ... vs Civil Judge, Basti And Ors. on 23 September, 1998

In view of what has been stated by the Apex Court in Devendra Kumar Singh (supra) this Court hold that second notice under Section 10 (2) of the Act is bad in law. In my view, the authorities below, in the present case also, have completely erred in law as proceedings under Ceiling Act were already finalized pursuant to the notice issued earlier in 1974 and, therefore, the impugned orders cannot sustain."
Supreme Court of India Cites 4 - Cited by 8 - Full Document

Girja Shanker Son Of Musai Rai And Sri ... vs State Of U.P. on 9 May, 2005

5. In my view, this contention is correct. So far as the question of ostensibility of ownership is concerned, there has been no change in the law by the various amendments effected. Therefore, in so far as such plots are concerned as were sought to be included in the holding of the tenure-holder, in the earlier ceiling proceedings, but which were ultimately excluded by the Prescribed Authority by his order dated 6-5-1964 from his holding after allowing his objections in this instant petition has arisen. This is one the basis of the aforesaid Division Bench pronouncement in Uma Shankder's case (Supra). However, I am not going into certain other questions which may arise on account of the change which was brought about in reference to ceiling law relating to a Co-operative Society in view of S.5(4) of the present Act and the deletion of S.6 (15) of the unamended Act, i.e. before it was amended by U.P. Amending Act No. 18 of 1973."
Allahabad High Court Cites 14 - Cited by 15 - I Murtaza - Full Document
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