Supreme Court of India
Naeem Bano Alias Gaindo v. Mohammad Rahees & Anr.
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What the Court ordered
We are of the opinion that the issue with regard to the validity of the notice dated 24.07.2015 in light of the inconsistency between the amendment made by the State Legislature of U.P. and the subsequent Parliamentary amendment to Section 106 of the T.P. Act can no longer be a [2024] 11 S.C.R. 1503 Naeem Bano Alias Gaindo v.
Judgment, page 11
From the headnote
Issue for Consideration Inconsistency between the U.P. State amendment and the subsequent Parliamentary amendment to Section 106, Transfer of Property Act, 1882. Whether in view of the Parliament amending a provision subsequent to a State legislature’s amendment of a provision of law in the Concurrent List, the Parliamentary amendment would apply. Headnotes† Constitution of India – Article 254; Entry 6, List III, Concurrent List of the Seventh Schedule – Transfer of Property Act, 1882 – s.106 – Legislature of State of U.P. amended Section 106 by amendment dated 30.11.1954 by which the words
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