AMARJIT KAUR versus PRITAM SINGH & OTHERS

AMARJIT KAUR versus PRITAM SINGH & OTHERS

When an appeal is a rehearing, the court must consider developments in law after the decree appealed against. Since Section 3 of the Punjab Pre-emption (Repeal) Act, 1973 barred decrees in pre-emption suits from its commencement, confirming the trial court's decree would itself constitute passing a decree in a pre-emption suit, which is prohibited. The High Court correctly allowed the appeal and dismissed the suit.

Parties
Appellant: Amarjit Kaur; Respondent: Pritam Singh & Others
Jurisdiction
India
Judgment Date
06 August 1974
Procedural Posture
Civil Appeal / Appeal to Supreme Court From Punjab & Haryana High Court
Outcome
appeal dismissed
Legal Topics
Appeal, Pre Emption, Effect of Repeal Statute in Appeal
Practice and Procedure Appeal Pre Emption Effect of Repeal Statute in Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Amarjit Kaur

Appellant

Pritam Singh & Others

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court From Punjab & Haryana High Court

Legal Issues

  1. 1 Whether an appellate court can take into account changes in law after the passing of the decree appealed against, specifically Section 3 of the Punjab Pre-emption (Repeal) Act, 1973

Ratio Decidendi

When an appeal is a rehearing, the court must consider developments in law after the decree appealed against. Since Section 3 of the Punjab Pre-emption (Repeal) Act, 1973 barred decrees in pre-emption suits from its commencement, confirming the trial court's decree would itself constitute passing a decree in a pre-emption suit, which is prohibited. The High Court correctly allowed the appeal and dismissed the suit.

Court Disposition

appeal dismissed

Orders

  • no order as to costs