Latafat Ali Khan and ors. Vs. the State of U.P. - Court Judgment

Excerpt:
- sections 4 & 6: [s.b. sinha & dr. mukundakam sharma, jj] applicability - accused charged with commission of offence under section 302 ipc and found guilty under section 304 part i, ipc trial court granting sentence of imprisonment of seven years for conviction under section 304 part i - high court in appeal while maintaining conviction and sentence issuing direction for release of accused under the act - held, provisions of act are not applicable. only in event the provisions of act are applicable, section 6 can be taken recourse to. order of high court is erroneous. judgment of conviction and sentence passed by trial court was restored. indian penal code, 1890 sections 300, 302 & 304 part-i: -injury caused on vital part i.e. lung and heart by scissor held, ingredients of section 300 must be held to have been proved. conclusion that accused is guilty of offence under section 302, however, could not have been arrived at in the absence of appeal by state challenging conviction under section 304 part i. - the learned counsel for the state contended that the impugned provisions are protected by article 31b of the constitution, as the uttar pradesh imposition of ceiling on land holdings act, 1960 is included in the ninth schedule as item 58. the learned counsel for the petitioners, in reply, urged (1) that the impugned provisions have nothing to do with, land reform, and (2) that rules made under the act do not enjoy the protection of article 31b.sikri, c.j.1. this petition under article 32 has been filed by the three appellants in civil appeals no. 2018-2020 of 1968, in which we have just delivered judgment. in this petition the vires of section 6, clause (xvii), of the u.p. imposition of ceiling on land holdings act, 1960 (u.p. act 1 of 1961)-hereinafter referred to as the act-and rule 4(4) of the u.p. imposition of ceilings and land holdings rules, 1961, have been challenged. it is urged that these provisions violate article 14, 19(1)(f) and (g) and 31(1) of the constitution. the learned counsel for the state contended that the impugned provisions are protected by article 31b of the constitution, as the uttar pradesh imposition of ceiling on land holdings act, 1960 is included in the ninth schedule as item 58. the learned counsel for the petitioners, in reply, urged (1) that the impugned provisions have nothing to do with, land reform, and (2) that rules made under the act do not enjoy the protection of article 31b. it is admitted that the land in dispute is a 'holding' within section 3(d) of the act. the definition reads:'holding' means the land or lands held by a person as a bhumidhar, sirdar, asami of gaon samaj or an asami mentioned in section 11 of the uttar pradesh. zamindari abolition and land reforms act, 1950, or as a tenant under the u.p. tenancy act, 1939, other than a sub-tenant, or as a government lessee, or as a sub-lessee of a government lessee, where the period of the sub-lease is co-extensive with the period of the lease.'2. it seems to us that if a statutory rule is within the powers conferred by a section of a statute protected by article 31b, it is difficult to say that the rule must further be scrutinised under articles 14, 19, etc. rule 4(4) seems to us to be a rule which does not go beyond the powers conferred under section 6(xvii), read with section 44 of the act. at any rate, section 6(xvii) and rule 4(4) are part of a scheme of land reform in u.p. and would be protected from attack under article 31a of the constitution.3. in the result we hold that section 6(xvii) and rule 4(4) are valid. the petition accordingly fails. in the circumstances there will be no order as to costs.