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april 2024

Supreme Court of India · 2024-04-05

M/S Jaiprakash Industries Ltd. ... vs Delhi Development Authority Through ...

Citation / case number
2024 INSC 273
Court
Supreme Court of India
Petitioner
M/S Jaiprakash Industries Ltd. ...
Respondent
Delhi Development Authority Through ...
Author
Abhay S. Oka
Bench
Pankaj Mithal, Abhay S. Oka

Judgment text excerpt

The Supreme Court addressed the issue of whether the amalgamation of companies constitutes a sale, transfer, or assignment of leasehold rights under the lease deed. The Court held that the amalgamation does not amount to a transfer requiring consent under clause II(4)(a) of the lease deed, as it is a continuation of the same entity rather than a sale. The Court distinguished the case from Indian Shaving Products Limited v. Delhi Development Authority, emphasizing the different factual and legal contexts, and ruled in favor of the appellant, allowing the appeal against the DDA's demand for unearned increase value.

M/S Jaiprakash Industries Ltd. ... vs Delhi Development Authority Through ... · Niyam