Supreme Court of India
Situ Sahu and Ors. v. The State of Jharkhand and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the Special Officer ought not to have exercised his powers under Section 71A of the Act after such an unreasonable long period of time, in the facts and circumstances of the case brought to light.
Judgment, page 11
From the headnote
Land Laws: Tenancy--Chota Nagpur Tenancy Act, 1908-Sections 71A & 46- Restoration of possession to Scheduled Tribe over land unlawfully transferred Power under S. 71 -Exercise of-Held: Surrender of tenancy by members of Scheduled Tribes on 7-2-1938 ,followed by settlement of land in favour of Appellants on 25:2-1938 was in quick succession and could be considered as 'transfer' under the Act-But no provision of law existed in 1938 under which the transfer was prohibited-Even assuming the transfer as fraudulent, power under S. 71A to restore possession could have been exercised only within
Authorities it was built on
Where later benches applied it
- 2016 Nidhi Kaim v. State of Madhya Pradesh & Others Etc.
- 2012 Acc Limited (formerly Known as the Associated Cement Co. Ltd.) v. Global Cements Ltd.
Of those, 1 relied on · 1 referred to
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