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august 2006

Supreme Court of India · 2006-08-01

Hanif Azami Eliyas Azami vs Shabana Mohsin Ghazi @ Shaikh And Anr

Citation / case number
AIRONLINE 2006 SC 246
Court
Supreme Court of India
Petitioner
Hanif Azami Eliyas Azami
Respondent
Shabana Mohsin Ghazi @ Shaikh And Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the Bombay High Court's order setting aside the trial Court's status quo and appointing a receiver was justified due to the suspicious circumstances surrounding the transaction, including the use of an unregistered power of attorney and the non-disclosure of the payment in income tax returns. The Court emphasized that the trial Court's initial refusal to grant an injunction and the subsequent change in position by the husband of respondent No.1 indicated potential collusion. The appeal was dismissed, affirming the High Court's decision to hand over possession to respondent No.1.

Hanif Azami Eliyas Azami vs Shabana Mohsin Ghazi @ Shaikh And Anr · Niyam