Supreme Court of India
Barasat Eye Hospital & Ors. v. Kaustabh Mondal
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.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid elucidation, it was opined that the pre-emptor has two rights: first, the inherent or primary right, i.e., right for the offer of a thing about to be sold; and second, the secondary or remedial right to follow the thing sold.
Judgment, page 12
From the headnote
West Bengal Land Reforms Act, 1955 – ss. 8 and 9 – Right of purchase by co-shar er or contiguous tenant – Exer cise of right of pre-emption – Pr e-condition for – Held: Right of pr e-emption is activated on deposit of the consideration money together with the further sum of 10% of that amount – Unless such a deposit is made, the right of a pr e-emptor is not even activated – Pr ovisions of s. 8 are explicit and clear in their terms – Inquir y into the stated consideration, as envisaged in s. 9, is on the deposit of the amount mentioned in the sale transaction as per sub-section (1) of s. 8 –
Authorities it was built on
Where later benches applied it
- 2023 Jhabbar Singh (deceased) through Legal Heirs & Ors. v. Jagtar Singh S/o Darshan Singh
- 2022 Abdul Matin Mallick v. Subrata Bhattacharjee (banerjee) and Ors.
- 2020 Raghunath (d) by Lrs. v. Radha Mohan (d) Thr. Lrs & Ors.
Of those, 3 mentioned
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