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february 2021

Supreme Court of India · 2021-02-26

ASHA JOHN DIVIANATHAN vs VIKRAM MALHOTRA .

Citation / case number
SC 2009/33958
Court
Supreme Court of India
Petitioner
ASHA JOHN DIVIANATHAN
Respondent
VIKRAM MALHOTRA .
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court addressed the validity of a property transaction under Section 31 of the Foreign Exchange Regulation Act, 1973, which requires prior permission from the Reserve Bank of India for certain transactions. The court concluded that the gift deed executed without such permission was void, and clarified that the void nature of the transaction could only be invoked by the authorities, not by private parties. Consequently, the appeal was dismissed, affirming the lower court's ruling on the matter.

ASHA JOHN DIVIANATHAN vs VIKRAM MALHOTRA . · Niyam