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Supreme Court of India 2017-09-06 allowed

Avtar Singh vs Jaspal Singh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This judgment comprises two decisions on the same case. In the main Civil Appeal, the Court modified a decree for specific performance of a sale agreement, finding that the transaction was in reality a loan arrangement where land was offered as collateral security. Though the lower courts had found the agreement genuine, the Court found this finding perverse based on circumstantial evidence and ordered refund of the amount paid (Rs. 3,26,000) with 6% interest. In the subsequent Writ Petition, the Court dismissed a challenge to the Registration Act provisions as an abuse of process, holding that a final judgment cannot be reopened via Article 32 writ petition and operates as res judicata.

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Specific Performance Contract Law Civil Procedure Evidence Res Judicata Abuse of Process

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