Supreme Court of India · 1989-02-14
MITHILESH KUMARI & ANR. vs PREM BEHARI KHARE
- Citation / case number
- SC 1978/90429
- Court
- Supreme Court of India
- Petitioner
- MITHILESH KUMARI & ANR.
- Respondent
- PREM BEHARI KHARE
- Author
- K.N. SAIKIA
- Bench
- K.N. SAIKIA
Judgment text excerpt
The Supreme Court held that the Benami Transactions (Prohibition) Act, 1988, does not apply retrospectively to pending appeals, affirming the concurrent findings of fact by lower courts regarding the ownership of the suit house. The Court ruled that the respondent's right to the property, established prior to the Act's enactment, remains unaffected by the new legislation. The Court emphasized that the principle of 'actus curiae neminem gravabit' applies, meaning the law should not harm a party due to court delays. The appeal was dismissed, upholding the lower courts' decisions.