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october 2011

Supreme Court of India · 2011-10-11

SURAJ LAMP & INDUSTRIES (P) LD.TR.DIR. vs STATE OF HARYANA

Citation / case number
SC 2009/12396
Court
Supreme Court of India
Petitioner
SURAJ LAMP & INDUSTRIES (P) LD.TR.DIR.
Respondent
STATE OF HARYANA
Author
R.V. RAVEENDRAN,A.K. PATNAIK,H.L. GOKHALE
Bench
R.V. RAVEENDRAN,A.K. PATNAIK,H.L. GOKHALE

Judgment text excerpt

The Supreme Court reiterated that transactions involving General Power of Attorney (GPA) Sales and Sale Agreement/General Power of Attorney/Will (SA/GPA/WILL) transfers are misnomers and do not constitute valid sales under law. The Court emphasized that such transactions are often used to circumvent legal requirements, evade taxes, and facilitate the generation of black money, leading to significant societal issues such as the growth of land mafia and criminalization of civil disputes. The Court held that these transactions should not be equated with genuine power of attorney grants and must be viewed critically to prevent legal and financial malpractices.

SURAJ LAMP & INDUSTRIES (P) LD.TR.DIR. vs STATE OF HARYANA · Niyam