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september 1990

Supreme Court of India · 1990-09-05

INDIRA BAI vs NAND KISHORE

Citation / case number
SC 1990/77012
Court
Supreme Court of India
Petitioner
INDIRA BAI
Respondent
NAND KISHORE
Author
R.M. SAHAI
Bench
R.M. SAHAI

Judgment text excerpt

The Supreme Court held that the principles of estoppel and waiver can apply to pre-emption rights under the Rajasthan Pre-emption Act, 1966, specifically Section 8, which requires notice to be served by the vendor. The Court clarified that estoppel is a rule of equity that prevents a party from asserting a claim if their previous conduct contradicts that claim. The Court allowed the appeal, overturning the High Court's decision that had dismissed the applicability of estoppel in this context, emphasizing that failure to serve notice does not invalidate the sale and can be waived by the pre-emptor.

INDIRA BAI vs NAND KISHORE · Niyam