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november 2024

Supreme Court of India · 2024-11-22

Naeem Bano Alias Gaindo vs Mohammad Rahees

Citation / case number
2024 INSC 1000
Court
Supreme Court of India
Petitioner
Naeem Bano Alias Gaindo
Respondent
Mohammad Rahees

Judgment text excerpt

The Supreme Court addressed the applicability of Section 106 of the Transfer of Property Act, 1882, in light of the amendment made by Section 2 of Act 3 of 2003, which impliedly repealed the Uttar Pradesh amendment of 1954. The Court held that the notice for ejectment issued under the amended Section 106 is valid and should be considered without reference to the earlier state amendment, as per Article 254 of the Constitution of India. The appeal was dismissed, and the matter was directed to be heard after the larger bench's decision on the reference.

Naeem Bano Alias Gaindo vs Mohammad Rahees · Niyam