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2002 (2) TMI 102 - SC - Income Tax

Issues involved: Priority of documents based on time of execution and registration.

Priority based on time of execution: The respondent executed two sale documents on the same day, with exhibit P-2 executed earlier than exhibit D-1. The High Court confirmed that exhibit P-2, executed at 10:00 a.m., prevails over exhibit D-1. The High Court's decision was based on the principle that a document takes effect from the time of its execution, not registration, as per section 47 of the Registration Act, 1908. The Court emphasized that when two documents are executed on the same day, the one executed earlier in time will have priority, regardless of registration time. The Supreme Court upheld the High Court's decision, stating that there was no illegality in the order warranting interference under article 136 of the Constitution of India. Therefore, the special leave petition was dismissed.

 

 

 

 

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