Supreme Court of India

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

Neutral citation
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 Forests (Vesting and Assignment) Act, 1971: ss. 3(3) and 8 – On facts, respondent-landowners owned a piece of land with rubber plantation and other trees – Claim of exemption of the said land from its vesting in the State – Entitlement to – Tribunal declared the land as exempted from being vested in the State – High Court set aside the order of the tribunal – In appeal before this Court, matter remitted to the High Court – After remand, the High Court upheld the order passed by the tribunal – On appeal, held: Issue as regards interpretation of s.3(3) and holding of the land and…

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