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Supreme Court of India 2021-09-30 dismissed

Anapurna Jaiswal vs Indian Oil Corporation Ltd. and Ors

Bench: 2 — K.M. Joseph

In Brief

Anapurna Jaiswal applied for a petrol pump dealership based on a 30-year lease dated 8 November 2011, claiming 35 marks for having a long-term lease. However, the lease expressly provided that its period would commence only from the date of approval of the petrol pump, not from execution. The Supreme Court held that a lease does not come into effect until the event it specifies occurs. Section 47 of the Registration Act cannot backdate the lease's commencement. Therefore, on the application date (11 November 2011), no effective long-term lease existed, and she was not entitled to the 35 marks. The appeal was dismissed."

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Transfer of Property Real Property Law Administrative Law Lease Registration of Documents Judicial Review

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