The Supreme Court has ruled that attachment before judgment cannot legally apply to any property already transferred before a suit is filed, reaffirming that prior registered sale deeds override later proceedings and remain fully protected.
The Kerala High Court ruled that Section 52A of the Waqf Act, effective from November 2013, does not apply retroactively. Justice P V Kunhikrishnan stated that prosecution requires evidence of unauthorized transfers, which the petitioners did not engage in. Consequently, the cases against them were quashed as the law cannot be applied retroactively.
