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september 2008

Supreme Court of India · 2008-09-15

Collector, Land Acquisition & Anr vs Jaswant Singh & Ors

Citation / case number
AIR 2008 SC (SUPP) 653
Court
Supreme Court of India
Petitioner
Collector, Land Acquisition & Anr
Respondent
Jaswant Singh & Ors
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Executing Court cannot go beyond the decree as established in Gurpreet Singh Vs. Union of India (2006 (8) SCC 457) and Sunder Vs. Union of India (2001 (7) SCC 211). It clarified that interest on solatium can only be claimed in pending executions and not in closed executions, and the execution court must adhere to the findings of the Reference Court regarding interest. The matter was remitted to the High Court for reconsideration in light of these principles.

Collector, Land Acquisition & Anr vs Jaswant Singh & Ors · Niyam