Supreme Court of India

Shri Dwarka Prasad Agarwal (dead) by Lrs. and Anr. v. B.D. Agarwal and Ors.

Neutral citation

Reported as [2003] SUPP. 1 S.C.R. 336

Bench V.N. Khare, S.B. Sinha and Dr. Ar. Lakshmanan JJ.

Decided 7 July 2003

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons stated hereinbefore and in particular as no writ was required to be issued having D regard to the fact that public law remedy could not have been resorted to, the impugned orders must be held to be illegal and without jurisdiction and are liable to be set aside.

Judgment, page 21

From the headnote

Constitution of India, 1950: Articles I9, 32 and 226. Writ remedy- . U. . Property/business-Transfer of ownership/title as per settlement deed-High Court disposed of the writ petition in terms of settlement deed-Jurisdiction of High Court-Challenge of-Held, High Court erred in recording the compromise between the parties in a writ petition, a public law remedy-High Court declared the Settlement lawful without examining the grounds/provisions of the law-Hence such direction would amount to a misdirection in law-Registration Act-Press and Registration of Books Act, 1867-Ss.6 and 8- (ii). Code

Where later benches applied it

2018 Roshina T v. Abdul Azeez K.T. & Ors. relied on
2013 Selvi J. Jayalalithaa & Ors. v. State of Karnataka & Ors. relied on
2024 Union of India & Ors. v. Rajeev Bansal referred to
2021 Infrastructure Private Limited v. The State of Orissa & Ors. referred to

Of those, 2 relied on · 2 referred to

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