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december 1998

Supreme Court of India · 1998-12-02

INDU KAKKAR vs H.S.I.D.C. LTD.&ANR

Citation / case number
SC 1998/6298
Court
Supreme Court of India
Petitioner
INDU KAKKAR
Respondent
H.S.I.D.C. LTD.&ANR
Author
K.T.THOMAS S.B.MAJMUDAR
Bench
K.T.THOMAS S.B.MAJMUDAR

Judgment text excerpt

The Supreme Court upheld the dismissal of the Second Appeal by the High Court, affirming the first appellate court's decision that the Haryana State Industrial Development Corporation acted within its powers to resume the plot allotted to M/s York Printers. The Court found that the petitioner, who acquired rights from the original allottee, lacked standing due to the sale being hit by Section 52 of the Transfer of Property Act, which prohibits transfer of property that is subject to a pending suit. The judgment reinforces the principle that rights acquired during litigation do not confer standing if the original rights are invalidated.

INDU KAKKAR vs H.S.I.D.C. LTD.&ANR · Niyam