Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | · 1966: Or XVIII r. 5 Or.X rr. 3 and 4 - Curative petition-Acquisition of land for benefit of HSI/DC -Applicants are beneficiaries of the acquisition of land who entered into agreement with HSI/DC which allots plots to its. members for valuable consideration - Compensation enhanced by High Court based on sale deed executed by two private companies - Supreme Court upheld the same - Applicant filed curative petition on the ground that these sale deeds were not genuine and theref Supreme Court Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Supreme Court Rules,-1966: Or XVill r.5; OrX 1.3 and 4 ~ Curative petition — Acquisition of land for benefit of HSIIDC — Applicants are beneficiaries of the acquisition of land who entered into agreement with HSIIDC which allots plots to its. members for valuable consideration — Compensation enhanced by High Court based on sale deed executed by two private companies — Supreme Court upheld the same — Applicant filed curative petition on the ground that these sale deeds were not genuine and therefore were wrongly relied upon — Curative petition found not maintainable by Registry ~ Meanwhile HSIIDC filed a review petition before Supreme Court which was also dismissed — Applicant filed instant second curative petition on the ground of violation of principles of natural justice which was also found to be not maintainable — Registry refused to list it on the ground of non filing of review petition prior to the curative petition — Held: Curative Petition is misconceived and vexatious for the reasons rightly recorded by the Registry — Rejection of the previous Curative Petition by the Registry was not assailed by the applicant and the factual situation has not changed at all — Applicant is similarly placed as the other Association which was found not to have locus standi and the grounds for review were the same — Applicant was throughout aware of the ongoing proceedings before the Court, yet it did not take 3 any action towards getting itself impleaded as a party in the proceedings - In any case, it cannot plead violation of principles of natural justice - The documents and the grounds it is seeking before this Court to ventilate were already heard and analysed by this Court, which cannot be raked up again - and again by means of a Curative Petition —- The objections raised by the Registry were correct and are upheld. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 765 |
Petitioner | H.s.l.d.c. |
Respondent | Pran Sukh & Ors. |
SCR | [2015] 12 S.C.R. 861 |
Judgement Date | 2015-10-12 |
Case Number | 6515 |
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