UP Land Revenue Act | Map Correction Cannot Be Done By Mechanically Transferring Land To Compensate Deficiency Of Adjoining Plot: Allahabad High Court Civil Court Jurisdiction In Injunction Suit Between Private Parties Not Barred If Title Or Vesting In Panchayat Not In Issue: P&H High Court District Consumer Commission Duty-Bound To Refer Product For Laboratory Analysis When Prayed For; Cannot Dismiss For Want Of Expert Evidence: Punjab State Commission Section 135(3) BNSS | Executive Magistrate Cannot Demand Interim Bond Without Commencing Inquiry; Must Supply Kalandara Material & Follow Madhu Limaye Safeguards: Delhi High Court In Neha Bora Sections 126 & 130 BNSS | Writ Court Cannot Evaluate Sufficiency Of Material At Show-Cause Stage Unless There Is 'Nil Material': Delhi High Court Section 32 Evidence Act | Multiple Dying Declarations Cannot Be Discarded Over Minor Variations If Core Substratum Imputing Fatal Blow Remains Consistent: Allahabad High Court Multiple FIRs Arising From Identical Financial Scheme Can Be Clubbed And Transferred To First FIR Court: Bombay High Court POCSO | Mandating Injury Report Indicating Penetrative Assault For Victim Compensation Violates Article 14, Frustrates Sec 164-A CrPC: Allahabad High Court Section 308 IPC | Premeditation & Requisite Intention Must Be Proved; Single Blow With Stone In Sudden Fight Attracts Section 325 IPC: Delhi High Court Organizing A Book Fair Is A Private Activity And Not A 'Public Function' Amenable To Writ Jurisdiction Under Article 226: Calcutta High Court Prior Permission From Education Officer Before Issuing Recruitment Advertisement Is Mandatory, Not An Empty Formality: Bombay High Court Order 41 Rule 5 CPC | Tenant Facing Eviction Decree Liable To Pay Mesne Profits At Market Rate Till Delivery Of Possession: Himachal Pradesh High Court Anticipatory Bail In Matrimonial Disputes | Allegations Of Sexual Misconduct Cannot Be Treated As Automatic Grounds For Custodial Interrogation: Delhi High Court Section 35 BNSS | Notice For Appearance Under Section 35(3) Is Not A Mandatory Precondition For Arrest Under Section 104 Of The Customs Act: Gujarat High Court Section 58 BNSS | 24-Hour Cap Is An Outer Limit, Not A Licence To Detain Accused Until Morning Court Hours: Kerala High Court Section 106 Evidence Act Cannot Fill Gaps In Circumstantial Chain, Last-Seen Theory Fails Without Proximity To Time Of Death: Karnataka High Court Service Law | Procedural Violation In Domestic Inquiry Not Fatal Unless Delinquent Proves Real Prejudice: Bombay High Court Indian Succession Act | Unequal Disposition Or Exclusion Of Legal Heir Does Not Invalidate Will If Due Execution Proved: Madras High Court Civil Services Rules | Seniority Counts From Initial Appointment If Normal Probation Completed Without Extension; Minor Penalty Cannot Depress Rank: High Court Pre-Arrest Bail Under Section 31 DV Act Cannot Be Denied If Accused Had No Notice Of Protection Order: Kerala High Court Section 50 NDPS Act Applies Only To Personal Search, Inapplicable To Search Of Bag Carried By Accused: Himachal Pradesh High Court Railway Rolling Stock Transfers to IRFC Must Be Classified to Determine Sales Tax Liability Under Delhi Sales Tax Act: Delhi High Court No Contributory Negligence Can Be Attributed To Pillion Rider In Road Accident: Karnataka High Court Nasha Mukti Center Cannot Detain Adult Based Merely On Spouse's Consent Without Medical Mandate: Madhya Pradesh High Court Punjab Land Revenue Act | Revenue Officer Must Strictly Adhere To Approved Mode Of Partition Verbatim: Punjab & Haryana High Court Labour Court Can Draw Adverse Inference Against Employer For Non-Production Of Employment Records: P&H High Court Closure Of Evidence | Past Conduct Prior To Deposition Irrelevant For Deciding Plea To Adduce Further Evidence: Orissa High Court Supreme Court's Mandate In 'Mihir Rajesh Shah' On Supplying Written Grounds Of Arrest Applies Prospectively: Punjab & Haryana High Court Allegations Of Forceful Sexual Intercourse Raised After 14 Years Of Marriage Without Complaints Cannot Constitute Cruelty Under Section 13(1)(ia) Hindu Marriage Act: Telangana High Court Punjab Municipal Act | Municipality Alleging Unauthorised Construction Must Prove Violation By Cogent Evidence, Injunction Suit Maintainable Without Sec 49 Notice: P&H High Court Arbitration Act | Limitation To Challenge Award Commences From Date Certified Copy Is Obtained If Signed Copy Not Delivered Under Section 31(5): Madhya Pradesh High Court Pension Regulations | Voluntary Retirement Weightage Cannot Be Claimed By Employees Retired Prematurely Under Regulation 19(1): Telangana High Court Compassionate Appointment Cannot Be Denied Solely Due To Marital Status; Judicial Declaration Operates Retrospectively: Allahabad High Court Transfer Of Female Employees With Infants | Administrative Exigency Must Yield To Constitutional Right Of Motherhood And Child Welfare: Rajasthan High Court Consumer Protection Act | Summary Jurisdiction Cannot Resolve Complex Factual Disputes Requiring Detailed Evidence & Cross-Examination: Punjab State Consumer Commission

Any order or decree passed by illegal exercise of power shall be void: SC

07 May 2024 2:49 AM

By: Admin


Tuesday, the Supreme Court ruled that any order or decree passed through the unlawful use of power as a result of a special Act without the authority of law is null and void.

The bench of Justices K.M. Joseph Hrishikesh Roy stated, "The authority's lack of jurisdiction cannot be remedied by agreement of the parties. The challenge to an incompetent order may be brought wherever it is sought to be enforced or relied upon, including in execution and collateral proceedings."

In this case, Prithpal Singh (the adopted son of Sucha Singh) asserted that Sucha Singh bestowed land upon him. Although the suit schedule included additional properties, the plaintiff limited his relief to the land measuring 11 kanals and 15 marlas and none of his adoptive father Sucha Singh's other lands.

Prithpal Singh filed a civil suit with the Jammu & Kashmir High Court for declaration and possession of land, alleging that the appellants (natural son and daughter of Suchta Singh) forcibly evicted him from the land in question. The High Court ruled in favour of Prithpal Singh.

Mr. Huzefa A. Ahmadi, counsel for the appellants, argued that Sucha Singh did not intend to transfer his ownership right to the plaintiff by accepting the plaintiff as a co-owner. Further, it was argued that the compromise does not comply with the mandate of the law, and since the plaintiff's claim is based solely on the compromise, the same could not have been granted.

Mr. S.N.Bhat, Counsel for the Respondents, argued that, as the appeal stems from the concurrent findings of three courts that decreed the suit declaring title and possession in favour of the plaintiff, this Court, in exercising its authority under Article 136, should not overturn those findings.

  1. Does the compromise dated December 18, 1975 confer title?
  2. Was registration required for the compromise?
  3. Whether the doctrine of estoppel applies to the defendants' challenge to DC's order.

According to the Supreme Court, the definition of owner is inclusive. It includes both the legal owner/proprietor and anyone claiming through the legal owner. Specifically, the owner's "adopted sons." This could hardly grant the plaintiff legal title to Sucha Singh's land.

The bench stated, "If a special act exercises power without the authority of law, any order or decree passed as a result of this unlawful power exercise will be null and void." The authority's lack of jurisdiction cannot be remedied by the consent of the parties. Such an incompetent order may be challenged wherever it is sought to be enforced or relied upon, including in execution or collateral proceedings. As a result, in favour of the defendants, the DC's order has no legal effect, as it was issued during the application of the Suspension Act of 1975. Being unregistered, the compromise cannot confer title on the respondent."

According to the Supreme Court, the case records indicate that Sucha Singh revoked the plaintiff's two wills during his lifetime. This indicates that Sucha Singh was not interested in giving the plaintiff any portion of his property. Even if not, the suit property is Sucha Singh's self-acquired property, and a donee cannot claim equity in the disposal of self-acquired property by a donor.

Given the preceding, the Supreme Court granted the appeal.

D.D:2-08-2022

Kuldeep Singh & Anr. Versus Prithpal Singh

Latest Legal News