Supreme Court · 2004 INSC 228 · Decided 5 April 2004
Bharat Petroleum Corporation LTD. v. P. Kesavan and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 228 · [2004] 3 S.C.R. 811
- Case number
- CIVIL APPEAL No. 1383/1999
- Decided
- 5 April 2004
- Bench
- V.N. KHARE, S.B. SINHA, S.H. KAPADIA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142; Transfer of Property Act Section 107
Headnote
B Burmah Shell (Acquisition of Undertakings) Act, 1976: Ss. 5(1),(2),(7),(32) and JI-Lease deed with renewal clause in favour of Burmashel/-On coming into force of the Act, appellant exercised its option c to renew the lease-Courts below holding that since documents as per s. 107 of Transfer of of ss.5(1) and (2) right of renewal was created in appellant and in the event of exercise of its option, existing lease stood renewed on the same terms and conditions-1976 Act, being a special statute has an overriding effect D over the general law i.e. the Transfer of Property Act -However, as
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