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february 2008

Supreme Court of India · 2008-02-07

LIFE INSURANCE CORPORATION OF INDIA vs M/S. CASTLEWOOD (INDIA)

Citation / case number
SC 2000/18100
Court
Supreme Court of India
Petitioner
LIFE INSURANCE CORPORATION OF INDIA
Respondent
M/S. CASTLEWOOD (INDIA)
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 authority to initiate proceedings for eviction or demand payment of rent or damages, and unauthorized occupants cannot file applications under this section. The Court found that the High Court's interpretation allowing the occupant to approach the estate officer was incorrect and amounted to judicial overreach. Consequently, the Supreme Court set aside the High Court's order and upheld the estate officer's rejection of the respondent's application as not maintainable.

LIFE INSURANCE CORPORATION OF INDIA vs M/S. CASTLEWOOD (INDIA) · Niyam