UP Amendment to S.106 TP Act Inoperative After 2003 Parliamentary Amendment
- Case Name: Naeem Bano Alias Gaindo vs Mohammad Rahees
- Judge(s): Justice B.V. Nagarathna and Justice NK Singh
- Advocate(s): Mukul Rohatgi and Amit Sharma
The Supreme Court ruled that the Uttar Pradesh amendment to Section 106 of the Transfer of Property Act, 1882, became inoperative after the Parliament amended the same provision in 2003.
The UP amendment provided for a 30-day notice period for lease termination, while the Parliamentary amendment reduced it to 15 days.
The Court held that under Article 254 of the Constitution, in case of a repugnancy between state and central law on a subject in the Concurrent List, the Parliamentary law prevails.
Therefore, the UP amendment is impliedly repealed, and the 2003 Parliamentary amendment applies.
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