Supreme Court of India
Asha John Divianathan v. Vikram Malhotra & Ors.
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the condition predicated in Section 31 of the 1973 Act of obtaining “previous” general or special permission of the RBI for transfer or disposal of immovable property situated in India by sale or mortgage by a person, who is not a citizen of India, is mandatory.
Judgment, page 36
From the headnote
Foreign Exchange Regulation Act, 1973 – ss.31, 47, 50, 63 – foreigner who was the owner of property in questi on, executed an agreement of sale in favour of predecessor of the appel lant and respondent no.4 after previous permission of the RB I – However, around the same time she gifted portion of the property to respondent no.1 though without any previous permission of the RBI – Suit filed by appellant and respondent no.4’s predecessor agai nst the respondent no.1 inter alia for declaring the gift deeds in his favour as null and void and not binding – Dismissed by Trial Court – irst appeal
Authorities it was built on
- 1959 Gherulal Parakh v. Mahadeodas Maiya and Others
- 1985 Life Insurance Corporation of India v. Escorts Ltd, & Ors.
- 1993 Renusagar Power Co. Ltd. Etc. v. General Electric Co. Etc.
- 1980 Waman Rao & Ors. Etc. Etc. v. Union of India and Ors.
- 2001 Dhurandhar Prasad Singh v. Jai Prakash University and Ors.
- 1991 Rattan Chand Hira Chand v. Askar Nawaz Jung (dead) by L.rs. and Ors.
- 1976 Mannalal Khetan Etc. Etc. v. Kedar Nath Khetan & Ors. Etc.
- 1999 Ram Doss v. K. Thangavelu
- 2009 Union of India & Ors. v. A K. Pandey
- 2020 Vijay Karia & Ors. v. Prysmian Cavi E Sistemi Srl & Ors.
- 2011 Union of India v. Col. L.S.N. Murthy & Anr.
- 2020 Ilangovan v. State of Tamil Nadu Rep. by Inspector of Police
Where later benches applied it
- 2026 Vanashakti v. Union of India
- 2021 The Income Tax Officer, Circle I (2), Kumbakonam & Anr. v. V. Mohan & Anr.
Of those, 2 mentioned
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