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february 2018

Supreme Court of India · 2018-02-20

LIC vs NANDINI J. SHAH .

Citation / case number
SC 2013/2620
Court
Supreme Court of India
Petitioner
LIC
Respondent
NANDINI J. SHAH .
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE AMITAVA ROY, HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court addressed the maintainability of a Letters Patent Appeal against a decision of the City Civil Court under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Court held that the Estate Officer does not function as a Civil Court, and thus, the appellate order can be challenged under Articles 226 and 227 of the Constitution of India. Consequently, the Letters Patent Appeal was deemed maintainable, affirming the position established in prior judgments such as Radhey Shyam & Anr. vs. Chhabi Nath & Ors. and Nusli Neville Wadia vs. New India Assurance Co. Ltd.

LIC vs NANDINI J. SHAH . · Niyam