Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Doctrine of lis pendens ut lite pendente nihil innovetur |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Land Acquisition Act, 1894:ss. 4 and 48(1) - Purchase of land, subsequent toissuance of notification for acquisition of land - Competenceof purchaser to challenge the validity of acquisition - Held:Vandee not competent to challenge the validity of acquisition- He can at the most claim compensation on the basis of hisvendor's title - In the present case, the de-notification of landhaving been refused by the courts, vendee cannot seek de-notification of the land - He would be bound by the orders ofthe court.ss. 48(1), 16 and 17 - Application of de-notification ofacquired land - Maintainability of - ·Held: Once possessionis taken u/ss. 16 and 17, the land vests in State, free from allencumbrances - Once land is vested in State, free from allencumbrances, it cannot be divested - In the facts of the case,since the possession of the land already taken by the State,application for de-notification, not maintainable.Doctrine - Doctrine of tis pendens - Transfer of propertypendente lite - Effect of - Held: Transferee cannot deprivethe successful plaintiff of the fruits of decree, if purchased theproperty pendente lite - He is bound by the decree just asmuch as he was a party to the suit.Maxim - Maxim ut lite pendente nihil 'innovetur' (Duringa litigation, nothing new should be introduced). |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 801 |
Petitioner | Kn Aswathnarayana Setty (d) Tr. Lrs. & Ors. |
Respondent | State Of Karnataka & Ors. |
SCR | [2013] 11 S.C.R. 1029 |
Judgement Date | 2013-12-02 |
Case Number | 22311 |
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