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october 2006

Supreme Court of India · 2006-10-19

GURPREET SINGH vs UNION OF INDIA

Citation / case number
SC 2003/9191
Court
Supreme Court of India
Petitioner
GURPREET SINGH
Respondent
UNION OF INDIA
Bench
SABHARWAL, Y.K. (CJI),BALAKRISHNAN, K.G. ,KAPADIA, S.H.,THAKKER, C.K.,BALASUBRAMANYAN P.K.I.

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, which dictates that payments are first applied to interest before principal, is not excluded by the provisions of the Act, referencing Section 60 of the Indian Contract Act, 1872. The Court also noted that part of the earlier decision in Prem Nath Kapur was overruled, but the question of appropriation required further consideration by a Constitution Bench, leading to the referral of the matter for clarification.

GURPREET SINGH vs UNION OF INDIA · Niyam