Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Registration Act 1908: s.17(2)(vi) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Registration Act, 1908: s.17(2)(vi) - Exception in s.17(2)(vi) - Interpretation of - Inconsistency between the decisions of Supreme Court regarding interpretation of exception in s.17(2)(vi) - Matter referred to larger Bench - Reference to larger Bench. Appeal: First appellate court - Finding of first appellate court that consent decree in another suit was not collusive was a finding of fact - High Court rightly refused to interfere with the findings of fact. Interpretation of statutes: Court cannot add words to the statute or change its language, particularly when on a plain reading the meaning is clear. The appellants were daughters of one 'B'. They filect a suit No. 234 of 1982 challenging a consent decree dated 24.11.1980 in Civil Suit No.630 of 1980 on the ground that same was collusive. The trial court decreed the suit. However, first appellate court set aside the order of trial court. High Court dismissed the appeal. Hence the present appeal. Referring the matter to larger Bench on interpretation of exception in clause (vi) of s.17(2) of Registration Act, the Court |
Judge | Hon'ble Mr. Justice A.K. Ganguly Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2009 INSC 439 |
Petitioner | Phool Patti And Anr |
Respondent | Ram Singh (dead) Through Lrs. & Anr. |
SCR | [2009] 5 S.C.R. 362 |
Judgement Date | 2009-03-31 |
Case Number | 1240 |
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