Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1978

Supreme Court of India · 1978-11-03

H.P GUPTA vs MANOHAR LAL AND ORS.

Citation / case number
SC 1976/61008
Court
Supreme Court of India
Petitioner
H.P GUPTA
Respondent
MANOHAR LAL AND ORS.
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court held that under Section 456(2) of the Criminal Procedure Code, the appellate or revisional court has the jurisdiction to order restoration of possession of immovable property at any time after the disposal of the appeal, provided it is done within a reasonable time. The Court clarified that the language of Section 456(2) is applicable when a trial court has failed to restore possession due to oversight or refusal, and that the limitation period for such orders does not apply to appellate courts. The Delhi High Court's interpretation was set aside, affirming the appellate court's power to restore possession post-appeal.

H.P GUPTA vs MANOHAR LAL AND ORS. · Niyam