Facts of the Case

In Jibendra Kishore Vs East Pakistan, the State Acquisition & Tenancy Act, 1950 was challenged as discriminatory as it empowered the government to acquire the interests of such rent receivers as may be specified in the notification in any district.

Judgement of the Case

The Court observed, in cases where a statute is not ex-facie discriminatory, but is capable of being administered in a discriminatory manner, the party challenging the constitutionality to that statute must show that it has actually been administered to the detriment of a particular class and in a partial, unjust and oppressive manner.