Supreme Court of India
Sri Babu Ram @ Durga Prasad v. Sri Indra Pal Singh (dead) by Lrs.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the High Court in Second Appeal exceeded its jurisdiction under section I 00 CPC in giving a finding on an issue which was not pressed in the Trial Court.
Judgment, page 13
From the headnote
Provincial Insolvency Act, 1920: Sections 35, 37, 43,(/)-Annulment of insolvency-Effect of-In suit for insolVPncy a joint agreement was filed for sale with a clause for re-conveyance within 5 years-Plaintiff declared insolvent-Sale deed executed by official receiver-Plaintiff sent notice for re-purchase-Since creditor refused to re convey, plaintiff filed suit for specific performance-Subseguently, acfjudication as insolvent unconditionally annulled-Held-On annulment, property and rights of plaintiff stand restored to him with retrospective effect-Insolvency gets wiped out togehter-Notice
Authorities it was built on
Where later benches applied it
- 2014 State of Punjab and Others v. Dhanjit Singh Sandhu
- 2011 M/s. Cauvery Coffee Traders, Mangalore v. M/s. Hornor Resources (intern.) Co. Ltd.
- 2025 Singamasetty Bhagavath Guptha & Anr. v. Allam Karibasappa (d) by Lrs./allam Doddabasappa (d) by Lrs. & Ors.
Of those, 2 relied on · 1 referred to
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