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    <title>1996 (1) TMI 457 - Supreme Court</title>
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    <description>A statutory amendment was applied retrospectively to pending proceedings and was treated as having removed the customary basis for contesting alienation under the earlier enactment. The Court held that the prior recognition of custom did not preserve it as an independent statutory right under Hindu law. Because the objection went to the root of jurisdiction, the decree was vulnerable as a nullity, and that plea could be raised in execution proceedings. The executing court was therefore entitled to examine the nullity objection, and the decree was invalidated on that basis.</description>
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      <title>1996 (1) TMI 457 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=190309</link>
      <description>A statutory amendment was applied retrospectively to pending proceedings and was treated as having removed the customary basis for contesting alienation under the earlier enactment. The Court held that the prior recognition of custom did not preserve it as an independent statutory right under Hindu law. Because the objection went to the root of jurisdiction, the decree was vulnerable as a nullity, and that plea could be raised in execution proceedings. The executing court was therefore entitled to examine the nullity objection, and the decree was invalidated on that basis.</description>
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      <pubDate>Mon, 29 Jan 1996 00:00:00 +0530</pubDate>
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