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february 2008

Supreme Court of India · 2008-02-07

Life Insurance Corporation Of India vs M/S. Castlewood (India) Respondent

Court
Supreme Court of India
Petitioner
Life Insurance Corporation Of India
Respondent
M/S. Castlewood (India) Respondent
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, only the estate officer has the jurisdiction to initiate proceedings, and unauthorized occupants cannot file an application under this section. The Court found that the High Court's interpretation allowing the respondent to file such an application was incorrect and amounted to judicial overreach. Consequently, the Supreme Court set aside the High Court's order and directed the estate officer to proceed with the eviction case as per the law.

Life Insurance Corporation Of India vs M/S. Castlewood (India) Respondent · Niyam