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    <title>1961 (11) TMI 87 - PATNA HIGH COURT</title>
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    <description>Customary law of pre-emption was held to be law within Article 13 and therefore subject to fundamental-rights review, but it was not struck down. The Court treated pre-emption as an incident of property running with the land, so the vendor&#039;s title was already burdened and the purchaser acquired no absolute right free from that restriction. Enforcement of pre-emption was therefore not an unconstitutional deprivation of property under Article 19(1)(f). The Court also held that, if viewed as a restriction on the freedom to acquire, hold or dispose of property, it is a reasonable restriction in the interest of the general public because it prevents intrusion by strangers and the resulting disturbance.</description>
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    <pubDate>Mon, 13 Nov 1961 00:00:00 +0530</pubDate>
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      <title>1961 (11) TMI 87 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=308214</link>
      <description>Customary law of pre-emption was held to be law within Article 13 and therefore subject to fundamental-rights review, but it was not struck down. The Court treated pre-emption as an incident of property running with the land, so the vendor&#039;s title was already burdened and the purchaser acquired no absolute right free from that restriction. Enforcement of pre-emption was therefore not an unconstitutional deprivation of property under Article 19(1)(f). The Court also held that, if viewed as a restriction on the freedom to acquire, hold or dispose of property, it is a reasonable restriction in the interest of the general public because it prevents intrusion by strangers and the resulting disturbance.</description>
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      <pubDate>Mon, 13 Nov 1961 00:00:00 +0530</pubDate>
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