Supreme Court of India · 2006-10-19
Gurpreet Singh vs Union Of India (Uoi)
- Citation / case number
- 2007(4)ALD105(SC)
- Court
- Supreme Court of India
- Petitioner
- Gurpreet Singh
- Respondent
- Union Of India (Uoi)
- Author
- P.K. Balasubramanyan
- Bench
- Chief Justice, K.G. Balakrishnan, S.H. Kapadia, C.K. Thakker, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the rule of appropriation in the execution of money decrees under the Land Acquisition Act, 1894, particularly in light of the amendments made by the Land Acquisition (Amendment) Act, 1984. The Court held that the normal rule of appropriation, as per Section 60 of the Indian Contract Act, 1872 and Order XXI Rule 1 of the Code of Civil Procedure, is not excluded by the provisions of the Land Acquisition Act. The judgment in Prem Nath Kapur was partially overruled by Sunder v. Union of India, but the aspect of appropriation requires reconsideration by a Constitution Bench, as it was not addressed in the latter case.