Supreme Court · 2000 INSC 244 · Decided 25 April 2000

Asgar S. Patel and ORS. v. Union of India and ORS.

Court
Supreme Court of India
Citation
2000 INSC 244 · [2000] 3 S.C.R. 483
Case number
CIVIL APPEAL No. 6329/1998
Decided
25 April 2000
Bench
S. RAJENDRA BABU, R.C. LAHOTI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 226; Transfer of Property Act Section 55(6)(b), 55(4)(b); Income Tax Act Section 269

Headnote

B Income Tax Act, 1961: ss. 269-UC, 269-UD, 269-UE, 269-UF, 269-UG and 269-UH-Transfer of Property Act, 1882-S. 55(6)(b) and 55(4)(b)- Vesting of property in Central Government-Pre-paid purchase money by transferees-Recovery of-Agreement between the parties clearly stipulating c that if to claim the same from transferor-Writ ... petition by transferees claiming nfundfrom Appropria;e Authority-Validity • of-Held, vesting of property in Central Govemment cannot defeat the transferees' lien under S. 55(6)(b) of T.P. Act-Vesting not free from encum- D brance unless annulled

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