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august 1974

Supreme Court of India · 1974-08-06

AMARJIT KAUR vs PRITAM SINGH & OTHERS

Citation / case number
SC 1973/60194
Court
Supreme Court of India
Petitioner
AMARJIT KAUR
Respondent
PRITAM SINGH & OTHERS
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court addressed the applicability of Section 3 of the Punjab Pre-emption (Repeal) Act, 1973, which bars courts from passing decrees in suits for pre-emption post-enactment. The Court held that an appellate court, when confirming a decree for pre-emption from a lower court, is indeed passing a decree for pre-emption, thus falling under the prohibition of the Act. Consequently, the High Court's dismissal of the pre-emption suit was upheld, affirming the legislative intent to eliminate pre-emption rights.

AMARJIT KAUR vs PRITAM SINGH & OTHERS · Niyam