SMT. SHANTI DEVI AND ANR. versus HUKUM CHAND

SMT. SHANTI DEVI AND ANR. versus HUKUM CHAND

Decrees for pre-emption passed prior to the declaration of unconstitutionality and which have attained finality are binding between the parties and executable; subsequent statutory amendments do not affect such decrees.

Parties
Appellant: Smt. Shanti Devi; Respondent: Hukum Chand
Jurisdiction
India
Judgment Date
22 August 1996
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeals dismissed
Legal Topics
Pre Emption, Execution of Decree
Property Law Pre Emption Execution of Decree

Case Brief

Summary, issues, holding and outcome

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Parties

Smt. Shanti Devi

Appellant

Hukum Chand

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the decree for pre-emption passed under the Punjab Pre-Emption Act, 1913, prior to its being declared unconstitutional, remains executable and binding between the parties.
  2. 2 Whether the amended Section 15 of Punjab Pre-Emption Act, 1913, notified on May 7, 1995, has retrospective effect on previous decrees.

Ratio Decidendi

Decrees for pre-emption passed prior to the declaration of unconstitutionality and which have attained finality are binding between the parties and executable; subsequent statutory amendments do not affect such decrees.

Court Disposition

Appeals dismissed

Orders

  • No costs