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Supreme Court of India

Hameed Joharan (d) and Ors. v. Abdul Salam (d) by Lrs. and Ors.

Neutral citation
Reported as [2001] SUPP. 1 S.C.R. 469
Bench A.P. Misra and Umesh C. Banerjee JJ.
Decided 13 August 2001

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.

11 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons noted above and thus cannot but be said to be not correctly decided and thus stands overruled.

Judgment, page 24

From the headnote

limitation Act, 1963-Article 136-Partition suit-Decree-Execution of-limitation period of twelve years-Commencement of-Whether the time _ taken for furnishing stamp paper could be excluded for reckoning the period of limitation-Held, period of limitation begins to run from the date when the final decree becomes enforceable and not from the date when it becomes executable-Furnishing of stamp paper was an act entirely within the domain and control of the decree holder and any delay therein cannot put a stop on the period of limitation to run-Stamp Act, 1899, Section 35 and 2(15)- .

Authorities it was built on

Where later benches applied it

Of those, 3 referred to · 8 mentioned

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