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

february 1989

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.

MITHILESH KUMARI & ANR. vs PREM BEHARI KHARE · Niyam