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Amit Kumar Shaw & Anr vs Farida Khatoon & Anr on 13 April, 2005

11 If Order XXII Rule 10 would not apply, then certainly, the Judgment of the Apex Court in Amit Kumar Shaw (Supra) that under Order XXI Rule 10 no detailed inquiry at the stage of granting leave is contemplated would not be applicable. In any case, as submitted by Mr.Tamboli, an inquiry to ascertain whether the assignment deed exists ::: Uploaded on - 16/02/2023 ::: Downloaded on - 03/06/2023 02:54:17 ::: Rajeshri Aher 30/36 14 ia 3590 of 2020.doc or should be construed as a nullity or illegality would not amount to holding a detailed inquiry.
Supreme Court of India Cites 3 - Cited by 394 - A R Lakshmanan - Full Document

Surjit Singh & Ors. Etc. Etc vs Harbans Singh & Ors. Etc. Etc on 6 September, 1995

In fact, in Surjit Singh (Supra), the facts were almost similar, where there was an assignment by means of registered deed and the assignment happened after an order of injunction was passed. The Court observed that in defiance of the restraint order, the assignment was made like in the case at hand. If we let it go as such, it would defeat the ends of justice and the prevalent public policy. This Court, in the circumstances, has the duty, as also the right, to treat, the deed of assignment having not taken place at all for its purposes.
Supreme Court of India Cites 1 - Cited by 151 - M M Punchhi - Full Document
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