Supreme Court of India

State of Kerala & Anr. v. Joseph & Anr.

Neutral citation
Reported as [2018] 12 S.C.R. 685
Bench Abhay Manohar Sapre and S. Abdul Nazeer JJ.
Decided 25 September 2018

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 opinion that the High Court was not correct in its view in regard to its construction of Section 3(3) of the 1971 Act.

Judgment, page 7

From the headnote

Kerala Private For ests (V esting and Assignment) Act, 1971: ss. 3(3) and 8 – On facts, r espondent-landowners owned a piece of land with r ubber plantation and other tr ees – Claim of exemption of the said land from its vesting in the State – Entitlement to – T ribunal declared the land as exempted fr om being vested in the S tate – High Court set aside the or der of the tribunal – In appeal befor e this Court, matter r emitted to the High Cour t – After r emand, the High Court upheld the or der passed by the tribunal – On appeal, held: Issue as r egards interpr etation of s.3(3) and holding

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