BANSIDHAR AND OTHERS versus STATE OF RAJASTHAN AND OTHERS

BANSIDHAR AND OTHERS versus STATE OF RAJASTHAN AND OTHERS

The right of the State to take over excess land and the liability of the land-owner to surrender surplus land as of the notified date under the 1955 Act were rights 'accrued' and liabilities 'incurred', preserved by s.6 of the Rajasthan General Clauses Act, 1955. The scheme of the 1973 Act did not manifest an intention contrary to the saving of the repealed provisions for pending cases. Therefore, proceedings initiated and pending under the repealed law could be continued and concluded under its provisions.

Parties
Appellants: Bansidhar and others; Respondents: State of Rajasthan and others
Jurisdiction
India
Judgment Date
29 March 1989
Procedural Posture
Civil Appeal and Writ Petition / Appeal From High Court Judgment and Writ Petition Filed Directly in Supreme Court
Outcome
appeals and petitions dismissed
Legal Topics
Statutory Repeal and Saving, Land Ceiling, Rights Accrued Under Repealed Statutes, Rajasthan Tenancy Act, Rajasthan Imposition of Ceiling on Agricultural Holdings Act, General Clauses Act
Land Law Statutory Interpretation Agriculture Tenancy Statutory Repeal and Saving Land Ceiling Rights Accrued Under Repealed Statutes Rajasthan Tenancy Act +2 more

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Parties

Bansidhar and others

Appellants

State of Rajasthan and others

Respondents

Procedural Posture

Civil Appeal and Writ Petition / Appeal From High Court Judgment and Writ Petition Filed Directly in Supreme Court

Legal Issues

  1. 1 Whether proceedings for determination of ceiling area under the repealed Chapter III-B of the Rajasthan Tenancy Act, 1955 could be initiated and continued after the coming into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973.
  2. 2 Whether rights accrued and liabilities incurred under the old law are affected by the repeal and whether the new law has an overriding effect.

Ratio Decidendi

The right of the State to take over excess land and the liability of the land-owner to surrender surplus land as of the notified date under the 1955 Act were rights 'accrued' and liabilities 'incurred', preserved by s.6 of the Rajasthan General Clauses Act, 1955. The scheme of the 1973 Act did not manifest an intention contrary to the saving of the repealed provisions for pending cases. Therefore, proceedings initiated and pending under the repealed law could be continued and concluded under its provisions.

Court Disposition

appeals and petitions dismissed

Orders

  • Appellants' and petitioners' claim dismissed; proceedings for ceiling determination under repealed Chapter III-B could continue.
  • No order as to costs.