Supreme Court of India

Sudam Shankar Kshirsagar & Anr. v. State of Maharashtra & Ors.

Neutral citation
Reported as [2010] 10 S.C.R. 589
Bench Dr. Mukundakam Sharma and Anil R. Dave JJ.
Decided 30 August 2010

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.

What the Court ordered

We are of the considered opinion that the expressions "person" and "family" as contained in the D Maharashtra Agricultural Land [Ceiling on Holdings] Act, 1961 have no application at all to the facts and circumstances of the present case.

Judgment, page 8

From the headnote

Maharashtra Project Affected Persons Rehabilitation Act, 1986 - s. 2 (8) and Schedule II - Notification uls. 4 of Land Acquisition Act - For acquisition of the land belonging to Hindu Joint Family for the purpose of 1986 Act - For acquisition, whether the limit prescribed under Schedule II would be applicable to the holdings of Hindu Joint Family as one unit or to the holding of each coparcener of the joint family as one unit - Held: In view of s. 2(8) and s. 3(35) of Bombay General Clauses Act, 1904, Hindu Joint Family is covered under the expression 'person' - Therefore the limit prescribed

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