Supreme Court · 2021 INSC 121 · Decided 26 February 2021
Asha John Divianathan v. Vikram Malhotra & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 121 · [2021] 1 S.C.R. 953
- Case number
- CIVIL APPEAL No. 9546/2010
- Decided
- 26 February 2021
- Bench
- A.M. KHANWILKAR, INDU MALHOTRA, AJAY RASTOGI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 23; Constitution Article 142; Contract Act Section 23
Headnote
Foreign Exchange Regulation Act, 1973 - ss.31, 47, 50, 63 - A foreigner who was the owner of property in question, executed an agreement of sale in favour of predecessor of the appellant and respondent no.4 after previous permission of the RBI - However, around gifted portion of the property to respondent no.1 though without any previous permission of the RBI - Suit filed by appellant and respondent no.4's predecessor against the respondent no.1 inter alia for declaring the gift deeds in his favour as null and void and not binding -
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