pre-emption Archives

Calcutta High Court overturns temporary injunction in Pre-emption case due to delay in immediate demand under Section 236 of the Mahomedan Law

Calcutta High Court acknowledged the importance of strict compliance with the requirements of Section 236 of the Mahomedan Law in pre-emption cases.

applicability of pre-emption Hindus Mohammadan law

Cases Reported Never Reported Judgments

Never Reported Judgment | Mohammadan Law of pre-emption applies even to Hindus in Benaras [(1952) 1 SCC 423]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on applicability of pre-emption to non-Muslims.

Case Briefs Supreme Court

Is right to pre-emption a recurring right or exercisable only the first time? SC answers

Supreme Court analyses whether the right of pre-emption can be enforced for an indefinite number of transactions or it is exercisable only the first time.

Case Briefs High Courts

Under Indian law neither consideration nor agreement is necessary to constitute waiver of rights

Calcutta High Court: A Single Judge Bench comprising of Asha Arora, J. dismissed a revisional application filed by the petitioner assailing the

Case Briefs High Courts

No right to pre-emption for co-sharers under Bihar Land Reforms Act if the land is non-agricultural

Patna High Court: A Division Bench set aside an order by a Single Judge of the same Court which allowed pre-emptive rights