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Supreme Court of India 2018-12-07 allowed

Gopal Singh (Dead) by LRs vs Swaran Singh & Ors

Bench: 2 — R. Subhash Reddy

In Brief

A widow and legal heirs of a deceased defendant appealed a High Court judgment that declared the respondent-plaintiffs as absolute owners of land sold under the Punjab Package Deal Properties (Disposal) Act 1976. The Court held that Section 16 of the Act provides an absolute bar to civil court jurisdiction over orders passed by authorities under the Act. Once such an order becomes final, no civil court can entertain a suit challenging its validity or grant injunctions against actions taken under the Act. The Court also found the suit was unmaintainable because notice under Section 80 of the CPC was not issued to the State authorities. The appeal was allowed and the civil suit dismissed.

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Administrative Law Statutory Jurisdiction Civil Procedure Real Property Law Statutory Bar to Jurisdiction

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