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    <title>2007 (2) TMI 697 - Supreme Court</title>
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    <description>A consent decree for pre-emption cannot bind a person in actual possession with notice of a prior registered sale when that person was not impleaded as a necessary party, because proprietary rights cannot be defeated behind his back and a collusive compromise may amount to fraud on the court. On the stated facts, the decree was therefore unsustainable and void ab initio. The text also states that a daughter could not claim pre-emption merely on consanguinity under the Punjab Pre-emption Act, 1913, as the governing law did not support pre-emption on that basis. The decree and concurrent findings were set aside because the proprietary interest was affected without lawful impleadment and without a valid statutory foundation for pre-emption.</description>
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    <pubDate>Tue, 20 Feb 2007 00:00:00 +0530</pubDate>
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      <title>2007 (2) TMI 697 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=279901</link>
      <description>A consent decree for pre-emption cannot bind a person in actual possession with notice of a prior registered sale when that person was not impleaded as a necessary party, because proprietary rights cannot be defeated behind his back and a collusive compromise may amount to fraud on the court. On the stated facts, the decree was therefore unsustainable and void ab initio. The text also states that a daughter could not claim pre-emption merely on consanguinity under the Punjab Pre-emption Act, 1913, as the governing law did not support pre-emption on that basis. The decree and concurrent findings were set aside because the proprietary interest was affected without lawful impleadment and without a valid statutory foundation for pre-emption.</description>
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      <pubDate>Tue, 20 Feb 2007 00:00:00 +0530</pubDate>
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