Supreme Court of India

Baljinder Singh v. Rattan Singh

Neutral citation
Reported as [2008] 11 S.C.R. 904
Bench Dr. Arijit Pasayat and Tarun Chatterjee JJ.
Decided 5 August 2008

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.

What the Court ordered

In view of the aforesaid circumstances it would be proper for the High Court to re-hear the appeal relating to appli­ cability of Article 109 of the Limitation Act and to decide the matter taking note of the factual position.

Judgment, page 23

From the headnote

f Hindu Law: Alienation of undivided co-parcenary property - By way 1.- .- c of Gift, Sale and Will - Validity of- Held: Gift by a co-parcener .. of his undivided interest in the co-parcenary property is void - In the facts and circumstances, Will was correctly found by courts below surrounded by suspicious circumstances - Hence, alienation thereby not valid - Validity of sale needs to be decided on the basis of factual scenario - Hence matter remitted to High Court to decide its validity in the facts by con- sidering applicability of s. 109 of Limitation Act - High Court ~ by applying s. 65

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