STATE OF PUNJAB versus RAMJLLAL & ORS.

STATE OF PUNJAB versus RAMJLLAL & ORS.

The notification under s.8(2) Punjab Pre-emption Act, 1913 was issued mala fide so as to defeat a decree for pre-emption, and was therefore invalid. It is not required for the party alleging mala fides to name specific officers responsible. No interference by Supreme Court is warranted as the High Court's finding was supported by evidence.

Parties
Appellant: State of Punjab; Respondent: Ramjilal; Respondent: Khazan; Respondent: Surinder Kumar; Respondent: Virender Kumar
Jurisdiction
India
Judgment Date
12 October 1970
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Pre Emption, Mala Fides, Government Notification, Equality Before Law
Property Law Administrative Law Constitutional Law Pre Emption Mala Fides Government Notification Equality Before Law

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Parties

State of Punjab

Appellant

Ramjilal

Respondent

Khazan

Respondent

Surinder Kumar

Respondent

Virender Kumar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Validity of government notification under s.8(2) Punjab Pre-emption Act, 1913
  2. 2 Burden of proof for mala fide state action
  3. 3 Whether s.8(2) violates Article 14 of the Constitution

Ratio Decidendi

The notification under s.8(2) Punjab Pre-emption Act, 1913 was issued mala fide so as to defeat a decree for pre-emption, and was therefore invalid. It is not required for the party alleging mala fides to name specific officers responsible. No interference by Supreme Court is warranted as the High Court's finding was supported by evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.