Skip to main content

Limitation to apply even where there is no limitation stated, says Supreme Court

Government has to exercise its powers to take corrective course within a reasonable period to change an order that has been secured by a beneficiary in a fraudulent manner, the Supreme Court has ruled.

It held as wrong the Andhra Pradesh Government order exercising its 'revision power' after nearly five decades to issue show cause notice to villagers as to why their entries in land records should not be cancelled and corrected as the transactions there were fraudulent.

The apex court held "if actions or transactions were to remain forever open to challenge, it will mean avoidable and endless uncertainty in human affairs, which is not the policy of law."

A bench comprising Justices TS Thakur and C Nagappan dismissed the appeal filed by the Joint Collector of Ranga Reddy district against the order of the High Court saying that the revisional powers vested under the Andhra Pradesh (Telangana Area) Land Revenue Act cannot be exercised 50 years after the making of the alleged fraudulent entries.

"The suo motu revision exercise undertaken after a long lapse of time, even in the absence of any period of limitation is arbitrary and opposed to the concept of rule of law," it said.

Justice Nagappan, who wrote the judgement for the Bench, noted that if the impugned notice of December 31, 2004, invoking the suo motu revision power is allowed after five decades, "it would lead to anomalous position leading to uncertainty and complications seriously affecting the rights of the parties over immovable properties." Observing that the rule of law "must run closely with the rule of life", the bench said "absence of a stipulated period of limitation makes little or no difference in so far as the exercise of the power is concerned which ought to be allowed only when the power is invoked within a reasonable period." Concurring with Justice Nagappan's findings,

Justice Thakur separately added few lines in the judgement, saying "delayed exercise of revisional jurisdiction is frowned upon because if actions or transactions were to remain forever open to challenge, it will mean avoidable and endless uncertainty in human affairs, which is not the policy of law."

Article referred: http://www.dnaindia.com/india/report-government-must-alter-fraudulent-records-in-reasonable-time-says-supreme-court-2052486

Comments

Most viewed this month

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...