P PURUSHOTTAM REDDY Vs. PRATAP STEELS LIMITED
LAWS(SC)-2002-1-161
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on January 25,2002

P.PURUSHOTTAM REDDY Appellant
VERSUS
PRATAP STEELS LIMITED Respondents





Cited Judgements :-

A GUNASEKARAN VS. K DAMAYANTHI [LAWS(MAD)-2008-7-33] [REFERRED TO]
V.ARUMUGAM VS. R.CHANDRASEKARAN [LAWS(MAD)-2016-5-41] [REFERRED TO]
ANDAL VS. AJJAI ALVA [LAWS(MAD)-2012-1-288] [REFERRED TO]
GURUVAMMAL AND NAGAMMAL VS. CHINNAMUNIYANDI AND PERIYAMMAL [LAWS(MAD)-2014-4-243] [REFERRED TO]
PUTHIYAPURAYIL HARIDASAN VS. M.A.RAJALAKSHMI [LAWS(KER)-2013-6-62] [REFERRED TO]
JOHN V. AUGUSTINE VS. M.R.RENJAN [LAWS(KER)-2016-7-121] [REFERRED TO]
ROAD LINES, PARTNERSHIP FIRM AND ORS. VS. RAJKUNWAR BAI AND ORS. [LAWS(CHH)-2015-4-24] [REFERRED TO]
CHENNAMMA VS. SHEENAPPA GOWDA [LAWS(KAR)-2016-7-220] [REFERRED]
WILFREDO XAVIER JOSE MONTEIRO VS. PEDRO DO ROSARIO FERNANDES [LAWS(BOM)-2021-9-361] [REFERRED TO]
DATLA CHANDRAIAH DIED VS. KOTHALANKA DURGAVARA PRASADA RAO [LAWS(APH)-2003-10-39] [REFERRED TO]
TARA DEVI VS. AWADH NARAIN [LAWS(ALL)-2003-10-112] [REFERRED TO]
BAJAJ HINDUSTHAN LTD VS. STATE OF U P [LAWS(ALL)-2008-12-371] [REFERRED TO]
URMILA DEVI VS. SHYAM SUNDER & ORS. [LAWS(ALL)-2020-2-128] [REFERRED TO]
KRISHNAT JAGANNATH BHOSALE VS. PRAKASH SADASHIV CHAVAN [LAWS(BOM)-2013-10-161] [REFERRED TO, (2)]
PRAG DEVI VS. UNION OF INDIA [LAWS(ALL)-2013-5-22] [REFERRED TO]
BADRU NISHA ALIAS MADHURI DEVI VS. YOGENDRA PRASAD SINHA [LAWS(PAT)-2006-2-60] [REFERRED TO]
MUHAMMED ALI VS. HANEEFA @ MUHAMMED HANEEFA [LAWS(KER)-2022-12-9] [REFERRED TO]
NIRMALA DEVI VS. GURGAON SC VIMUKTA AGRICUTLURE THRIFT & CREDIT SOCIETY LTD. [LAWS(SC)-2017-7-124] [REFERRED TO]
SHANTABAI AND OTHERS VS. DILIPSINGH AND ANOTHER [LAWS(MPH)-2018-6-87] [REFERRED TO]
BIDAMI VS. KISHNARAM AND ORS. [LAWS(RAJ)-2015-10-26] [REFERRED TO]
GIRRAJ NAMA VS. RAJENDRA PRASAD [LAWS(RAJ)-2014-1-324] [REFERRED TO]
PANCHAYAT TELIYAN & ANR VS. KHATA RAM & ANR [LAWS(RAJ)-2012-7-337] [REFERRED]
ISWARLAL VS. BAL KRISHNA [LAWS(RAJ)-2013-12-26] [REFERRED TO]
SUBHASH CHAND VS. NANAG RAM [LAWS(RAJ)-2013-8-45] [REFERRED TO]
BHARATIDEVI AND OTHERS VS. KRISHNAKANT AND OTHERS [LAWS(MPH)-2019-9-38] [REFERRED TO]
RAM NIWAS VS. KALU RAM [LAWS(P&H)-2012-1-114] [REFERRED TO]
JIGMI PHUNCHOK BHUTIA VS. AISHWARYA RAI [LAWS(SIK)-2021-3-18] [REFERRED TO]
SHAMSHER SINGH VS. KASHMIRA SINGH [LAWS(P&H)-2002-11-31] [REFERRED TO]
RAM KISHAN VS. INDER PAL [LAWS(P&H)-2004-3-111] [REFERRED TO]
AMBIKA YADAV VS. GANESH PRASAD MISHRA AND ORS. [LAWS(PAT)-2015-12-2] [REFERRED TO]
MOHD FAROOQ VS. ZARIF AHMAD [LAWS(ALL)-2008-12-202] [REFERRED TO]
DEELIP VS. YAKUB KHAN [LAWS(BOM)-2015-4-18] [REFERRED TO]
MATADIN YADAV VS. M/S MIDAS LIDS P. LTD [LAWS(DLH)-2013-11-93] [REFERRED TO]
STATE OF U.P. VS. THE ADDL. COMMISSIONER (J) AND ORS. [LAWS(ALL)-2015-4-94] [REFERRED TO]
MOHAN RAM VS. BALRAM RAM [LAWS(JHAR)-2004-11-10] [REFERRED TO]
SK.NAYEEM @ MD.NAYEEMUDDIN VS. SK.ABDUL HAMID [LAWS(JHAR)-2004-7-62] [REFERRED TO]
CHINTA DEVI VS. MEENA DEVI [LAWS(HPH)-2007-7-127] [REFERRED TO]
MUTHUPANDIYAN VS. JABAMANIAMMAL [LAWS(MAD)-2014-6-501] [REFERRED]
RIYAZAT KHAN VS. STATE OF U.P. [LAWS(ALL)-2021-9-175] [REFERRED TO]
SANKARA NARASHIMA IYER VS. J N LAKSHMI NARAYANAN [LAWS(MAD)-2009-11-232] [REFERRED TO]
M KUPPUSAMY VS. K L JAIN [LAWS(MAD)-2010-7-365] [REFERRED TO]
M MANI VS. CUDDALORE MUNICIPALITY [LAWS(MAD)-2010-8-458] [REFERRED TO]
A KANNAN VS. GOVINDAN [LAWS(MAD)-2011-3-764] [REFERRED TO]
KANKUBEN PARSHOTTAMDAS JORDAS VS. BADRIPRASAD PUNAMCHAND AGRAWAL SINCE DECD [LAWS(GJH)-2013-12-381] [REFERRED TO]
JAGARLAMUDI ROSAIAH VS. DAGGUBATI VENKANNA [LAWS(APH)-2007-7-18] [REFERRED TO]
GOVERNMENT OF GOA VS. BENEDITO D'SOUZA [LAWS(BOM)-2014-8-79] [REFERRED TO]
SAYED AKBAR VS. DHONDIBA [LAWS(BOM)-2010-10-185] [REFERRED TO]
SHRI DAMODAR NARSINVA NAIK AND ORS. VS. MRS. LIBERATA PHILOMENA MORAES E PERIRA AND ORS. [LAWS(BOM)-2016-7-279] [REFERRED TO]
JAWAHAR SINGH VS. MOOL CHAND [LAWS(ALL)-2019-7-175] [REFERRED TO]
J. AKILANDAM VS. S.PARVATHI [LAWS(MAD)-2019-10-431] [REFERRED TO]
JEYACHITRA VS. R. AMUTHA [LAWS(MAD)-2017-3-186] [REFERRED TO]
BABU RAM VS. OM SINGH [LAWS(ALL)-2022-3-165] [REFERRED TO]
NARAYAN DHEEMAR VS. PAWAN KUMAR AGRAWAL [LAWS(CHH)-2016-11-47] [REFERRED TO]
KOTHARI INDUSTRIAL CORPORATION LTD VS. KOTAK MAHINDRA BANK LTD [LAWS(MAD)-2009-7-127] [REFERRED TO]
D ARULRAJ VS. D VIJAYALAKSHMI [LAWS(MAD)-2010-9-238] [REFERRED TO]
ARUMUGHAM VS. PECHAMMAL & OTHERS [LAWS(MAD)-2020-1-554] [REFERRED TO]
PURAN CHAND VS. JAI GOPAL [LAWS(P&H)-2008-1-33] [REFERRED TO]
ARJUN MAL VS. MOHINI DEVI [LAWS(RAJ)-2002-4-21] [REFERRED TO]
VISHNU IRON AND STEEL INDUSTRIES VS. GOVIND RAM [LAWS(RAJ)-2003-4-12] [REFERRED TO]
KANNIAMMAL VS. RANIAMMAL [LAWS(MAD)-2006-11-62] [REFERRED TO]
SURESH KUMAR VS. SAHAB SINGH [LAWS(P&H)-2014-7-480] [REFERRED TO]
GANGARAM VS. SHREE LAL [LAWS(RAJ)-2013-7-104] [REFERRED TO]
GANPATI CONSTRUCTION COMPANY VS. DILMOHAN RAJ MATHUR [LAWS(RAJ)-2013-9-30] [REFERRED TO]
R.S.R.T.C. VS. HARIDWARILAL SHARMA [LAWS(RAJ)-2013-11-18] [REFERRED TO]
RAM PRASAD VS. THE BOARD OF REVENUE FOR RAJASTHAN [LAWS(RAJ)-2013-12-76] [REFERRED TO]
GHANSHYAM SHARMA VS. HINDUSTAN PETROLEUM CORPORATION LIMITED [LAWS(TLNG)-2020-8-20] [REFERRED TO]
MANOJ CHAUDHARY VS. KAILASH [LAWS(MPH)-2019-6-108] [REFERRED TO]
INTERNATIONAL INSTITUTE OF NEURO SCIENCES & ONCOLOGY LTD., CHANDIGARH AND ANOTHER VS. SAHIBJIT SINGH SANDHU AND OTHERS [LAWS(P&H)-2016-11-103] [REFERRED TO]
GURBACHAN SINGH & ANR. VS. GURMIT SINGH [LAWS(P&H)-2003-7-75] [REFERRED TO]
BRITISH MOTOR CAR COMPANY PVT. LTD. VS. SEWAK SABHA CHARITABLE TRUST [LAWS(P&H)-2003-7-123] [REFERRED TO]
DEENDAYAL VS. HARJOT KANWAR [LAWS(RAJ)-2002-3-18] [REFERRED TO]
GOURANGA GUMANSINGH VS. RAMARAYA SINGH AND OTHERS [LAWS(ORI)-2016-8-68] [REFERRED]
E P M NAINA MOHAMED VS. A ABDUL AZEEZ [LAWS(MAD)-2007-3-402] [REFERRED TO]
KANNATHAL VS. ARULMIGHU KANNIAMMAL KARUPPASAMY THIRUKOIL [LAWS(MAD)-2007-1-398] [REFERRED TO]
COMMISSIONER VS. ARULMIGU AHOBILA MADAM [LAWS(MAD)-2003-3-226] [REFERRED TO]
NIRANJAN LAL VS. U I T ALWAR [LAWS(RAJ)-2006-8-66] [REFERRED TO]
PRAHLAD RAI DHAND VS. SAVITRI DEVI [LAWS(RAJ)-2003-4-59] [REFERRED TO]
DEVA RAM VS. MOHD. ILIYAS [LAWS(RAJ)-2013-11-35] [REFERRED TO]
SATYA PAL SHARMA AND ANOTHER VS. JAGJIT RAI VERMA [LAWS(P&H)-2012-1-172] [REFERRED TO]
ARVIND VS. MANNALAL [LAWS(MPH)-2009-1-69] [REFERRED TO]
Parmanand Soni VS. Radhakrishna Dharmartha Private Trust [LAWS(MPH)-2006-12-47] [REFERRED TO]
Parma Nand VS. Arvind Diwan [LAWS(HPH)-2002-7-32] [REFERRED TO]
BODH RAJ VS. PREM CHAND [LAWS(HPH)-2010-1-13] [REFERRED TO]
CHANAMALLAYYA NINGAYYA SHIVAYOGIMATH VS. SANGAPPA BASAPPA LAKSHATTI [LAWS(KAR)-2017-1-176] [REFERRED TO]
KHUSHI RAM BEHARI LAL VS. NEW BHARAT RICE MILLS [LAWS(DLH)-2011-5-62] [REFERRED TO]
TANVI TRADING AND CREDITS PRIVATE LIMITED VS. NEW DELHI MUNICIPAL COUNCIL [LAWS(DLH)-2004-5-1] [REFERRED TO]
KANAK MAJUMDAR VS. INDRANI ROY [LAWS(CAL)-2012-10-5] [REFERRED TO]
RAM ASRAY VS. DISTRICT JUDGE [LAWS(ALL)-2004-3-140] [REFERRED TO]
LAXMANBHAI GOVINDBHAI SOLANKI VS. AMRUTBHAI GOVINDBHAI SOLANKI & 1 [LAWS(GJH)-2018-7-73] [REFERRED TO]
PERIYANAYAGASAMY VS. JESUDOSS [LAWS(MAD)-2011-10-61] [REFERRED TO]
K GEETHA VS. V VASUDEVAN [LAWS(MAD)-2007-8-8] [REFERRED TO]
BABULAL AND OTHERS VS. CHANDA BAI AND OTHERS [LAWS(MPH)-2011-11-142] [REFERRED]
HARJIT GREWAL VS. VINOD KUMAR BATRA [LAWS(P&H)-2009-4-133] [REFERRED TO]
ANISH FULARA VS. DEVCHARAN [LAWS(CHH)-2013-10-41] [REFERRED TO]
LEELADHAR AND OTHERS VS. BHUWANLAL AND OTHERS [LAWS(CHH)-2017-5-70] [REFERRED TO]
SUNDARAM HAMMOND VS. PADMANABHAN K. AND ORS. [LAWS(KER)-2015-2-247] [REFERRED TO]
R. AMUTHA VS. JEYACHITRA [LAWS(MAD)-2017-3-99] [REFERRED TO]
GLAN CHAND KHATANA VS. INDERJIT CHOHDHA [LAWS(HPH)-2002-5-8] [REFERRED TO]
ARIES PLASCHEM INDIA PVT. LTD. VS. DIC INDIA LTD. [LAWS(DLH)-2016-1-100] [REFERRED TO]
NABRAJ ALIAS NAGRAJ ANANT PRABHU VS. GOA URBAN CO-OPERATIVE BANK LTD. [LAWS(BOM)-2016-9-206] [REFERRED TO]
ARIF MONDAL VS. RATNAKAR [LAWS(CAL)-2012-5-124] [REFERRED TO]
MOHD. IBRAHIM VS. MOHD. ABDUL HANNAN [LAWS(APH)-2017-8-18] [REFERRED TO]
RAJENDRA SINGH VS. BOARD OF REVENUE AND ORS. [LAWS(ALL)-2010-3-325] [REFERRED TO]
ALIMUDDIN VS. DEPUTY DIRECTOR OF CONSOLIDATION [LAWS(ALL)-2012-12-67] [REFERRED TO]
RAMESH VS. D D C [LAWS(ALL)-2014-3-90] [REFERRED TO]
RADHEY SHYAM VS. STATE OF U P [LAWS(ALL)-2013-5-192] [REFERRED TO]
MALKIAT SINGH VS. OM PRAKASH [LAWS(P&H)-2003-12-9] [REFERRED TO]
HARIKISHAN VS. ANANDI [LAWS(P&H)-2006-8-243] [REFERRED TO]
KHATOON DUKHTAR (D) THRO LRS VS. NARAINI DEVI [LAWS(RAJ)-2013-5-345] [REFERRED TO]
RAMJANKI VS. DHANNI BAI AND ORS [LAWS(RAJ)-2013-9-373] [REFERRED]
S Shanmugham VS. S Sundaram [LAWS(MAD)-2005-4-124] [REFERRED TO]
V ARUMUGAM VS. R CHANDRASEKARAN [LAWS(MAD)-2016-5-47] [REFERRED]
ELUMALAI VS. KANTHAMANI AMMAL [LAWS(MAD)-2016-12-54] [REFERRED TO]
KAILASHCHANDRA S/O LATE SHRI RADHAKISHAN JI VS. SANT RAMTARAM GURU SANT SHRI BHAGATRAM JI RAMSNAHI [LAWS(RAJ)-2017-5-225] [REFERRED TO]
SURINDER DHINGRA VS. BHIM SAIN ARORA [LAWS(P&H)-2011-7-32] [REFERRED TO]
BAKHTAWAR AND ORS. VS. RAM PARTAP AND ORS. [LAWS(P&H)-2015-12-107] [REFERRED TO]
JASBIR SINGH VS. SUKHWINDER SINGH [LAWS(P&H)-2015-12-182] [REFERRED TO]
DHARAM SINGH AND ORS. VS. DEENANATH AND ORS. [LAWS(MPH)-2019-7-276] [REFERRED TO]
RAMESH CHAND VS. MANDIR SHRI NAMDEV [LAWS(RAJ)-2013-9-5] [REFERRED TO]
HASHAM VS. JHANGI RAM [LAWS(P&H)-2004-2-2] [RELIED ON]
LADKANWAR BAI VS. GRAM PANCHYAT MANOHARTHANA [LAWS(RAJ)-2022-5-422] [REFERRED TO]
K RAMASAMI VS. CHINNAMMAL [LAWS(MAD)-2006-9-346] [REFERRED TO]
NAJMUNBI VS. HAFIZA BI [LAWS(BOM)-2005-7-148] [REFERRED TO]
M/S. MANGILAL PAGARIYA BUILDERS & CONTRACTORS VS. NAGAR PALIKA NIGAM, RAIPUR [LAWS(CHH)-2013-5-1] [REFERRED TO]
RAMPYARE RAM HIRAMAN PRASAD VS. USHA PRASAD RAMPYARE RAM HIRAMAN [LAWS(BOM)-2017-1-250] [REFERRED TO]
CHALAKUDY N.S.S. EDUCATIONAL, CULTURAL & CHARITABLE SOCIETY VS. E. NARAYANA MENON [LAWS(KER)-2014-1-60] [REFERRED TO]
BODH RAJ VS. PREM CHAND AND OTHERS [LAWS(HPH)-2010-5-311] [REFERRED TO]
POOVARASAN VS. MUNUSAMY KOUNDER [LAWS(MAD)-2018-1-32] [REFERRED TO]
SAVITRAMMA VS. M P SOMAPRASAD [LAWS(KAR)-2010-9-12] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. SHANTHA [LAWS(KAR)-2008-3-32] [REFERRED TO]
SEVANTIBAI AND OTHERS VS. BABUSINGH AND ANOTHER [LAWS(MPH)-2016-9-35] [REFERRED TO]
K MITCHIAMMAL VS. J LOGANATHAN [LAWS(MAD)-2010-9-415] [REFERRED TO]
JAMILA BEEVI VS. K MARIAMMAL [LAWS(MAD)-2011-4-313] [REFERRED TO]
BANDA PULLA REDDY VS. BANDA LAKSHMAMMA [LAWS(APH)-2014-3-19] [REFERRED TO]
KOPPU SATHIAH VS. KOPPU CHANDRAIAH [LAWS(APH)-2007-3-83] [REFERRED TO]
PASALA KRISHNA MURTHY VS. ADAKA KOTAIAH (DIED) [LAWS(APH)-2022-9-14] [REFERRED TO]
PRAKASH VS. GULAB UKHA PARDESHI [LAWS(BOM)-2023-6-42] [REFERRED TO]
BAJAJ HINDUSTAN LTD. VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2008-12-423] [REFERRED TO]
RAMESHKUMAR VS. KUMWARDEVI [LAWS(BOM)-2010-10-52] [REFERRED TO]
RAMESH KUMAR SHARMA VS. GOOL POPUT [LAWS(ALL)-2021-8-135] [REFERRED TO]
PARI VS. OM PRAKASH [LAWS(RAJ)-2006-8-79] [REFERRED TO]
RATAN SINGH VS. CHHITAR LAL [LAWS(RAJ)-2007-1-46] [REFERRED TO]
P.H.HONNAPPA VS. JAYAMMA [LAWS(KAR)-2020-1-175] [REFERRED TO]
BELLUR USHA SHIVAPRASAD VS. SMT. SARASAMBA ANANTHA SWAMY [LAWS(KAR)-2020-6-16] [REFERRED TO]
SUDESH KOHLI VS. CHANDARANI MISHRA [LAWS(MPH)-2019-6-188] [REFERRED TO]
LATE DINESHCHANDRA SHARMA VS. RANA DHARAMPAL SINGH [LAWS(MPH)-2020-2-98] [REFERRED TO]
KAUSHALYA DEVI VS. RAMNARESH [LAWS(UTN)-2011-6-10] [REFERRED TO]
Subbiah Konar VS. State of Tamil Nadu [LAWS(MAD)-2003-8-53] [REFERRED TO]
PALANISAMY VS. APPARSAMY [LAWS(MAD)-2002-9-145] [REFERRED TO]
SURYGANDHI VS. LOURDSWAMY [LAWS(MAD)-2002-9-196] [REFERRED TO]
CHOKKAPPAN VS. SUBRAMANI [LAWS(MAD)-2007-6-178] [REFERRED TO]
TRIO ELEVATORS COMPANY (INDIA) LTD VS. TANSINGH CHAUHAN [LAWS(NCD)-2013-7-43] [REFERRED TO]
ZARIF AHMAD VS. FAROOQ [LAWS(SC)-2015-1-80] [REFERRED TO]
ARYA ORPHANAGE VS. BIMLA BEDI [LAWS(DLH)-2005-3-138] [REFERRED TO]
BARKU PUNDLIK PATIL VS. SUBHASH GOVINDRAO PAGARE [LAWS(BOM)-2022-11-35] [REFERRED TO]
UDAYA ECONOMICS HOUSING AND CONSTRUCTION LIMITED VS. BHULA BAI @ BHAGWATI THAKUR AND OTHERS [LAWS(CHH)-2016-1-49] [REFERRED TO]
SURAJMANIA, D/O BANDHAN & W/O MITHU VS. BHARAT RAM, S/O BHAUSA RAM [LAWS(CHH)-2016-10-50] [REFERRED TO]
GAIND LAL SON OF SUKHRAM SAHU VS. PREMLAL SON OF MANBODHI KANWAR [LAWS(CHH)-2016-10-52] [REFERRED TO]
RASHMIKANT GIRDHARLAL DAVE VS. STATE BANK OF INDIA [LAWS(GJH)-2020-8-544] [REFERRED TO]
KAPILBHAI ISHWARBHAI PATEL, LEGAL HEIR OF ISHWARBHAI MANI VS. DINESHBHAI MANIBHAI PATEL DECD.THRO HEIRS [LAWS(GJH)-2016-4-231] [REFERRED]
SILVER SPRINGS BANGALORE VS. CANARA HOUSING DEVELOPMENT CO [LAWS(KAR)-2012-10-76] [REFERRED TO]
MOIRANGTHEM YAIMA SINGH VS. LAISHRAM ROMA DEVI [LAWS(MANIP)-2019-9-29] [REFERRED TO]
RAJDA VS. STATE OF U P THRU SECY AND 2 OTHERS [LAWS(ALL)-2018-4-338] [REFERRED TO]
BABU RAM @ BABU LAL VERMA VS. SAMAR ABBASH AND ANOTHER [LAWS(ALL)-2020-1-425] [REFERRED TO]
KUNWAR PAL SINGH VS. MAHENDRA [LAWS(ALL)-2021-1-194] [REFERRED TO]
KEWLA DEVI VS. ADDITIONAL JUDGE FAIZABAD [LAWS(ALL)-2010-7-124] [REFERRED TO]
SANNAPU REDDY VENKATA REDDY VS. JILLELA BHUPAL REDDY [LAWS(APH)-2013-11-42] [REFERRED TO]
MOLOY KUMAR BANERJEE VS. SMT. AKURI JHAL (LR OF ANIL JHAL) & ORS. [LAWS(CAL)-2017-12-2] [REFERRED TO]
SK MANZOOR VS. ABDUS SALAM [LAWS(CAL)-2010-2-31] [REFERRED TO]
RAM CHANDRA SHARMA VS. VEERA SAINI [LAWS(RAJ)-2004-11-22] [REFERRED TO]
RAJASTHAN STATE AGRICULTURAL MARKETING BOARD VS. GULAB CHAND MITTAL [LAWS(RAJ)-2011-2-234] [REFERRED TO]
RAMCHANDRA VS. REGIONAL FOREST OFFICER [LAWS(RAJ)-2012-5-133] [REFERRED TO]
RAMESH CHAND VS. RAM CHARAN SINGH [LAWS(RAJ)-2012-2-86] [REFERRED TO]
YUVRAJ MOHAN AZAD VS. GOVERDHAN SINGH [LAWS(HPH)-2022-4-51] [REFERRED TO]
Hata Swain (dead) his legal heir Ramesh Ch.Swain VS. State of Orissa through the Secretary to the General Administration Department [LAWS(ORI)-2012-6-19] [REFERRED TO]
SATISH CHANDRA VS. GUDDAN [LAWS(MPH)-2022-4-122] [REFERRED TO]
DINESH PRATAP SINGH VS. RAGHAVENDRA PRATAP SINGH [LAWS(MPH)-2018-1-149] [REFERRED TO]
SUNIL PARASHAR VS. KAPIL KHANNA [LAWS(MPH)-2017-2-160] [REFERRED TO]
MURARI LAL VS. RAM KUMAR OJHA AND ORS. [LAWS(MPH)-2014-8-178] [REFERRED TO]
THE MOIRANG PRIMARY CO-OPERATIVE MARKETING SOCIETY VS. PUKHRAM RENU DEVI [LAWS(MANIP)-2014-7-1] [REFERRED TO]
SUNDARAM HAMMOND VS. K. PADMANABHAN AND ORS. [LAWS(KER)-2015-2-166] [REFERRED TO]
SANT RAM VS. AMIN CHAND [LAWS(HPH)-2006-5-26] [REFERRED TO]
JAMNAGAR MUNICIPAL CORPORATION VS. NAVINCHANDRA HANSRAJBHAI LAKHIYAR AND ORS [LAWS(GJH)-2012-9-360] [REFERRED TO]
MOHAMMAD ATIKUREHMAN VS. MOHMMAD HIFZUREHMAN [LAWS(CHH)-2018-5-34] [REFERRED TO]
MANORANJAN PRASAD PANDEY VS. JAMUNA BAI [LAWS(CHH)-2021-2-34] [REFERRED TO]
PARVATI BAI VS. HEERALAL [LAWS(CHH)-2016-10-49] [REFERRED TO]
R.P. RAJ VS. THE STATE [LAWS(CAL)-2015-6-72] [REFERRED TO]
NAV SHAKTI EDUCATIONAL SOCIETY VS. LAXMAN PUBLIC SCHOOL SOCIETY [LAWS(DLH)-2019-8-180] [REFERRED TO]
KETHA SUJATHAMMA VS. B RAMMURTHY [LAWS(APH)-2009-3-62] [REFERRED TO]
BENIRAM SHRIRAM WANI VS. RAMCHANDRA NATHALAL GUJARATHI [LAWS(BOM)-2010-10-165] [REFERRED TO]
ANIL KUMAR GANGULY VS. AMALENDU MUKHERJEE [LAWS(CAL)-2004-9-24] [REFERRED TO]
NIRMALA RANI (SINCE DECEASED) AND 3 OTHERS VS. RAVI KUMAR AND ANOTHER [LAWS(ALL)-2019-4-10] [REFERRED TO]
RAJ KUMAR VS. SURAJ & ORS. [LAWS(ALL)-2017-8-198] [REFERRED TO]


JUDGEMENT

R. C. Lahoti, J. - (1.)Leave granted.
(2.)An introductory statement of bare necessary facts would suffice for the purpose of this order. On 31-10-1987, a contract for sale of immovable property was entered into between the parties whereby the appellant agreed to sell the suit property consisting of a building and the site on which the building stands, for a consideration of Rs. 40,25,000/-. An amount of Rs. 8,00,000/- was paid by way of advance or earnest money, the balance consideration of Rs. 32,25,000/- was to be paid simultaneously with the execution and registration of sale deed. This contract was in supersession of an earlier contract dated 22-9-1986 which had lapsed. The vendor had agreed to obtain the requisite permission from the Urban Land Ceiling Authority before 30th June, 1988. The time so appointed could be extended by mutual consent of the parties. It was expressly agreed upon between the parties that if the requisite exemption or permission under the Urban Land (Ceiling and Regulation) Act, 1976 ('ULCRA', for short) was not forthcoming by 30th June, 1988 or within such extended period as may be mutually agreed to, then the contract was to become inoperative and unenforceable in which event the only obligation surviving on the vendor was to refund the earnest money. The vendor could return the earnest money within three months thereafter and if for any reason whatsoever the amount could not be so repaid then the amount was to carry interest at the rate of 12 per cent per annum. It appears that proceedings for declaration that the suit property was within the ceiling limits as appointed by the ULCRA were already pending before the Competent Authority at a point of time when the agreement was entered into between the parties. However the decision was not forthcoming within the period of six months from the date of the agreement. On 1-12-1988 the appellant wrote a letter to respondent informing that the agreement to sell stands cancelled as per the terms of the agreement for failure of the requisite clearance from the competent authority (Urban Land Ceiling) forthcoming. With the letter the appellant tendered an amount of Rs. 2,00,000/- through two cheques enclosed with the letter, requesting for the agreement being returned duly cancelled to the vendor and assuring the payment of the balance amount of the earnest money before the end of December, 1988. This letter erupted a conflict between the parties leading to exchange of legal notices and filing by the respondent of a suit for specific performance of agreement to sell on 29-6-1989. On 12-3-1992 the trial Court decreed the suit against which the appellant filed First Appeal before the High Court. On 19-8-1999 the High Court has allowed the appeal, set aside the judgment and decree of the trial Court and remanded the case for holding additional trial on the three additional issues framed by the High Court and thereafter to decide the case afresh.
(3.)A perusal of the order of remand made by the High Court shows that on behalf of the appellants six contentions were raised : (i) that the suit was not maintainable as the pleadings did not conform to the requirements of Forms 47 and 48 of Appendix A of the Code of Civil Procedure; (ii) that there was no pleading in the plaint that the plaintiff-respondent had always been ready and willing to perform his part of the contract and continued to be so, and on the contrary the conduct of the respondent showed the absence of such readiness and willingness; (iii) that the agreement became inoperative and unenforceable on 30th June, 1988 and therefore was rendered incapable of specific performance; (iv) that the grant of relief of specific performance was discretionary, which the facts and circumstances of the case did not permit being exercised in favour of the plaintiff-respondent; (v) that the respondent had not approached the Court with clean hands and therefore was not entitled to the discretionary and equitable relief of specific performance; and (vi) that the respondent was not financially sound and therefore was not in a position to perform his part of the contract.


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