V.A.MOHTA, D.J.MOHARIR
Anant s/o. Narayan Naik – Appellant
Versus
State of Maharashtra – Respondent
2. In our view, the point has to be answered in the negative. Here are our reasons:
In the first place, the validity of the Ceiling Act has been upheld by the Supreme Court in the cases of (Dattatraya Govind Mahajan v. The State of Maharashtra)1, A.I.R. 1977 S.C. 915 and (Waman Rao v. Union of India)2, A.I.R. 1981 S.C. 271. Initially, a Division Bench of this Court had upheld the validity of the said Act including section 44-B in the case of (Vithalrao v. The State of Maharashtra)3, A.I.R. 1977 Bom. 99 and this judgment was affirmed in the former Supreme Court case. These decisions are not merely binding precedents but are "law declared" under Article
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