Supreme Court of India

New India Assurance Company Ltd. v. Nusli Neville Wadia and Anr.

Neutral citation

Reported as [2007] 13 S.C.R. 598

Bench S.B. Sinha and Harjit Singh Bedi JJ.

Decided 13 December 2007

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.

9 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that literal interpretation, if given, may give rise to an anomaly or absurdity which must be avoided.

Judgment, page 23

From the headnote

Public Premises (Eviction of Unauthorized Occupants) Act, 1971-ss. 4, 5 and 7-Proceedings under the Act-Dispute as to who c should begin to lead evidence in such proceedings-Held: Procedural aspect as to who should lead evidence first, may have to be determined on basis of issues arising in the matter-When an application for eviction is based on such grounds, which require production of positive evidence on part of the landlord, it would be for it to adduce evidence first; more so in a composite application where evidence is also required to be led on quantum of damages to be determined by

Authorities it was built on

1989 Dwarkadas Marfatia & Sons v. Board of Trustees of the Port of Bombay cited by 13
2007 Bharat Petroleum Corpn. Ltd. v. Maddula Ratna Valli and Ors. cited by 10

Where later benches applied it

2012 Ayaaubkhan Noorkhan Pathan v. The State of Maharashtra & Ors. relied on
2022 New Delhi Municipal Council v. Minosha India Limited referred to
2021 Municipal Corporation of Greater Mumbai v. Ankita Sinha & Ors. referred to
2020 Indore Development Authority v. Manoharlal & Ors. Etc. referred to
2019 The Authorised Officer, Indian Bank v. D. Visalakshi and Anr. referred to
2019 College Trust and Management Society & Ors. v. Director of Public Instructions & Ors. referred to
2014 Dr. Suhas H. Pophale v. Oriental Insurance Co. Ltd. and its Estate Officer referred to
2011 Banatwala & Company v. L.L.C. of India & Anr. referred to
2013 M/s Telestar Travels Pvt. Ltd. & Ors. v. Special Director of Enforcement not applicable

Of those, 1 relied on · 7 referred to · 1 not applicable

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