Supreme Court of India · 2017-04-11
M/S KAUSHIK COOP.BUILDING SOCIETY vs N.PARVATHAMMA .
- Citation / case number
- SC 2010/26901
- Court
- Supreme Court of India
- Petitioner
- M/S KAUSHIK COOP.BUILDING SOCIETY
- Respondent
- N.PARVATHAMMA .
- Author
- UDAY UMESH LALIT PINAKI CHANDRA GHOSE
- Bench
- UDAY UMESH LALIT PINAKI CHANDRA GHOSE
Judgment text excerpt
The Supreme Court upheld the decision of the Andhra Pradesh High Court, affirming that the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982 had jurisdiction to take cognizance of the land grabbing case. The Court ruled that the question of whether the filing of a Land Grabbing Case (LGC) is barred by res-judicata or constructive res-judicata is a mixed question of law and fact, requiring evidence appreciation. The appeals were dismissed, confirming the High Court's view that no error was committed in the proceedings.