Supreme Court of India

Shyam Sunder and Anr. v. Ram Kumar and Anr.

Neutral citation

Reported as [2001] SUPP. 1 S.C.R. 115

Bench S.P. Bharucha. V.N. Khare, N. Santosh Hegde, Y.K. B Sabharwal and Shivaraj V. Patil JJ.

Decided 31 July 2001

Status Distinguished

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.

17 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the amending Act I 0 of 1995 is not a declaratory Act and, therefore, it has no retrospective operation. c For the aforestated reasons, we approve the view of law taken in Didar Singh etc. v. lshar Singh (dead) by Lrs. etc. (supra) and further hold that the decision in the c:ise of Ramjilal v.

Judgment, page 32

From the headnote

P1111jab Pre-emption Act-Section 15-Haryana Amendment Act, 1995- Sale of suit lands-Right of co-sharers of the suit lands to pre-empt sale- Trial Court decreed in favour of co-sharers-Right withdrawn through an amendment in the Act during pendency of appeal-Effect of-Consideration of the amendment by appellate Court-Held, right of pre-emption after decree of the suit is a vested right of the pre-emptor-Appellate Court cannot consider subsequent amendment in the Act during the pendency of appeal and take away the vested right accrued on passing of the decree by Trial Court-The amended section

Authorities it was built on

1957 Garikapatti Veeraya v. N. Subbiah Choudhury cited by 54
1964 Rafiquennessa v. Lal Bahadur Chetri (dead) through its Representatives and Others cited by 10

Where later benches applied it

2021 Union of India and Ors. v. Mudrika Singh relied on
2020 Indore Development Authority v. Manoharlal & Ors. Etc. relied on
2018 Indore Development Authority v. Shailendra (dead) through Lrs. & Ors. relied on
2012 M/s Purbanchal Cables & Conductors Pvt. Ltd v. Assam State Electricity Board & Another relied on
2024 Union of India & Ors. v. Rajeev Bansal followed
2022 University of Kerala and Ors. Etc. v. Merlin J. N. and Anr. Etc. Etc. followed
2011 Pirthi v. Mohan Singh & Ors. followed
2025 M/s Suraj Impex (india) Pvt. Ltd. v. Union of India & Ors. referred to
2024 Jagmohan and Another v. Badri Nath and Others referred to
2023 Jhabbar Singh (deceased) through Legal Heirs & Ors. v. Jagtar Singh S/o Darshan Singh referred to
2022 Smt. Katta Sujatha Reddy & Anr. v. Siddamsetty Infra Projects Pvt. Ltd.& Ors. referred to
2017 M. D. Frozen Foods Exports Pvt. Ltd. & Ors. v. Hero Fincorp Ltd. referred to
2016 Lanco Anpara Power Limited v. State of Uttar Pradesh & Ors. referred to
2015 A. Prabhakara Reddy & Co. v. State of Madhya Pradesh & Ors. referred to
2014 Union of India through Director of Income Tax v. M/s Tata Chemicals Ltd. referred to
2025 Jaykishor Chaturvedi & Etc. v. Securities and Exchange Board of India distinguished
2017 Vijay Singh v. Shanti Devi and Anr. not applicable

Of those, 4 relied on · 3 followed · 1 distinguished · 8 referred to · 1 not applicable

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