Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction:Delhi Rent Control Act, 1958-Sections 14 and 50-Decree for ejectmentqua commercial tenancy by civil court-Subsequent decision of Supreme Courtdeclaring commercial tenancy heritable-Thus civil court lacked jurisdictionto pass such decree-However Executing Court and High Court holding decreehaving attained.finality could not be declared nullity-On appeal, held decreepassed by Court having_ no jurisdiction would be a nullity, thus inexecutableObjection to execution of decree can be taken whenever it is sought to beenforced including stage of execution of decree or any other collateralproceedings.Judicial Process-Interpretation of law-Retrospectivity of- Held, whenthe Court decides that the interpretation given to a particular provision earlierwas not legal, it declares the law as it stood right from the beginning - Henceit is retrospective.Doctrines:Doctrine of "prospective overruling" -Applicability-Discussed |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2003 INSC 68 |
Petitioner | Sarwan Kumar And Anr. |
Respondent | Madan Lal Aggarwal |
SCR | [2003] 1 S.C.R. 918 |
Judgement Date | 2003-02-06 |
Case Number | 1058 |
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