GULRAJ SINGH versus MOTA SINGH
The statutory use of 'son or daughter' in section 15(2)(b) of the Punjab Pre-emption Act, 1913, as amended, refers only to legitimate children of the female vendor, not to illegitimate ones. There is no express provision or contextual support in the Act to extend the meaning to illegitimate children.
- Parties
- Appellant: Gulraj Singh; Respondent: Mota Singh
- Jurisdiction
- India
- Judgment Date
- 13 March 1964
- Procedural Posture
- Civil Appeal / Supreme Court Appeal by Special Leave Against Punjab High Court Regular Second Appeal Decision
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Pre Emption, Illegitimacy, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Gulraj Singh
Appellant
Mota Singh
Respondent
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against Punjab High Court Regular Second Appeal Decision
Legal Issues
- 1 Whether the words 'son or daughter of such female' in section 15(2)(b) of the Punjab Pre-emption Act, 1913 as amended include illegitimate children of the female vendor
Ratio Decidendi
The statutory use of 'son or daughter' in section 15(2)(b) of the Punjab Pre-emption Act, 1913, as amended, refers only to legitimate children of the female vendor, not to illegitimate ones. There is no express provision or contextual support in the Act to extend the meaning to illegitimate children.
Court Disposition
Appeal dismissed with costs.
Full Case Text
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