SC: UP amendment to Section 106 TP Act inoperative after parliamentary amendment of 2003

The Supreme Court in the case Naeem Bano Alias Gaindo vs Mohammad Rahees observed and has held that if the Parliament amends a law which being on a subject in Concurrent List, then an earlier State amendment to the same provision would become inoperative.

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The court in the case held that the Uttar Pradesh amendment to Section 106 of the Transfer of Property Act, 1882, which was carried out in 1954, would become inoperative after the Parliament amended Section 106 in the year 2003.

The Uttar Pradesh amendment provided for a notice period of thirty days for the termination of a lease.

The Parliamentary amendment of 2003 amended Section 106 to provide for fifteen days' notice period.

The issue raised before the court is that which provision would be apply in the State of Uttar Pradesh.

The appellant approached the Supreme Court after the Allahabad High Court deferred a decision citing the pendency of a larger bench reference.