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january 1995

Supreme Court of India · 1995-01-10

KARNAIL SINGH vs ANIL KUMAR AND ANOTHER

Citation / case number
SC 1986/69832
Court
Supreme Court of India
Petitioner
KARNAIL SINGH
Respondent
ANIL KUMAR AND ANOTHER
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the validity of pre-emption rights under Section 15(1)(b) of the Punjab Pre-emption Act, 1913, in light of the Atam Prakash case, which declared certain clauses ultra vires Articles 14 and 15 of the Constitution. The Court held that the term 'other co-sharers' in the fourth clause of Section 15(1)(b) includes relatives specified in the earlier clauses, thus preserving their right to pre-emption. The judgment confirmed that the right of pre-emption is not limited to co-sharers but extends to kinsfolk, ensuring no relative is excluded from exercising this right.

KARNAIL SINGH vs ANIL KUMAR AND ANOTHER · Niyam