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    <title>2024 (5) TMI 59 - Supreme Court</title>
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    <description>An order passed in terms of minutes of order cannot stand where the proposed relief may affect third-party rights and the affected persons were not impleaded. The Supreme Court held that the court must first satisfy itself that all necessary parties are before it and that the proposed order is lawful, especially when affidavits and the minutes themselves indicate possible prejudice to other landowners. An order in invitum based on minutes of order is not a mere formality; if joinder is incomplete or legality is uncertain, the court should defer the matter. The impugned order was set aside and the writ petition restored for fresh decision after impleadment of all necessary parties.</description>
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    <pubDate>Tue, 30 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (5) TMI 59 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=752006</link>
      <description>An order passed in terms of minutes of order cannot stand where the proposed relief may affect third-party rights and the affected persons were not impleaded. The Supreme Court held that the court must first satisfy itself that all necessary parties are before it and that the proposed order is lawful, especially when affidavits and the minutes themselves indicate possible prejudice to other landowners. An order in invitum based on minutes of order is not a mere formality; if joinder is incomplete or legality is uncertain, the court should defer the matter. The impugned order was set aside and the writ petition restored for fresh decision after impleadment of all necessary parties.</description>
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