S. 115 - Estoppel - Person deriving benefit of document and later questioning very validity of that document -Impermissibility of - Held, when a person knowingly accepts benefits of a document subsequently he is estopped from denying validity or binding effect of such document - Such plea would be contrary to principles of right and good conscience, (2012) 12 SCC 133-L
SUPREME COURT OF INDIA
V. Chandrasekaran v. Administrative Officer, (2012) 12 SCC 133
Criminal Law
Public Accountability, Vigilance and Prevention of Corruption
Misfeasance in public office - Probe ordered - Appellants and officials of State or Development Board conniving to
enable appellants to grab/encroach upon public land i.e. acquired land and to falsify documents so as to construct flats
thereon - Chief Secretary of State directed to trace out such officials and to take suitable action against such officials,
(2012) 12 SCC 133-A
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 16, 17, 23 and 48 - Claim for reconveyance of acquired land on any ground whatsoever to original owner after it has
vested in State - Incapacity of State to entertain such claims, (2012) 12 SCC 133-B
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 4(1), 6, 9 and 23 - Alienation of land subsequent to issuance of notification under S. 4(1) - Subsequent purchaser
challenging acquisition proceedings - Impermissibility of, due to voidness of title, (2012) 12 SCC 133-C
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 5-A, 6, 16, 17, 18 and 23 - Quashment of acquisition proceedings - Persons entitled to benefit of - Quashment not
to operate for benefit of non-objectors i.e. persons who had not raised objections under S. 5-A and/or persons who had
accepted compensation and not challenged the same - Extension of benefit of quashment to persons who were not
parties to earlier proceedings or non-objectors, especially when land has come into possession of State before quashing
of declaration - Non-objector challenging acquisition proceedings at belated stage - Permissibility of, (2012) 12 SCC 133-
D
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 4(1), 5-A, 6, 16, 17, 48 and 16-A [ins. by State of Tamil Nadu] - Reconveyance of acquired land - Appellants
purchasing land in question (suit land) subsequent to completion of acquisition proceedings upon acceptance of
compensation and handing over of possession to State authorities by original landowners - Appellants claiming
reconveyance on basis of quashment of acquisition proceedings in respect of other portions of the acquired lands but
which quashment clearly excluded acquired suit land - Said appellant purchasers seeking inconsistent reliefs, and
activities on part of such purchasers resulting in fraud on authorities and courts resulting in abuse of judicial process -
Disentitlement to relief - Appeals dismissed with exemplary costs of Rs 25 lakhs, (2012) 12 SCC 133-E
Equity
Relief - Entitlement to - Prerequisites for - Held, a person is expected to approach courts of equity with clean hands,
clean mind and clean heart - Person who seeks equity must do equity - A person cannot be enriched by causing injuries
to others - Pleadings must be clear, consistent and devoid of falsehood - Persons approaching courts with tainted hands
not entitled for any relief, interim or final, (2012) 12 SCC 133-F
Abuse of process of court/Law/Fraud on court
What amounts to - Subversion of justice - Held, judicial process cannot be used as means to subvert itself - Submitting
pleadings containing false, misleading or inaccurate statements to achieve ulterior purpose amounts to abuse of process
of courts - Such persons must not be permitted to profit from frivolous litigation - Wrongdoers must be prevented from
taking false pleas by relying on forged documents, (2012) 12 SCC 133-G
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 4(1), 6 and 17 - Acquisition of land for a purpose not being public purpose - Invalidity of - Held, when land is
acquired for reasons other than public purpose, then such acquisition is not within scheme of Land Acquisition Act and
such acquisition amounts to colourable exercise of power, (2012) 12 SCC 133-H
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 16 and 17 - Vesting - Meaning of - Held, under scheme of Land Acquisition Act, vesting" means that acquired land
becomes property of State without any condition or limitations either as to title or possession - Such vesting is not for
limited purpose or for limited duration, (2012) 12 SCC 133-I
Property Law
Transfer of Property Act, 1882
Ss. 41, 43, 7 and 8 - Transfer by ostensible owner - Effect and applicability - Held, if property is transferred for a
consideration in good faith without misrepresentation or fraud and transferee had taken reasonable steps to ascertain
title of transferor, then such transfer would not be void, (2012) 12 SCC 133-J
Land Acquisition and Requisition
Land Acquisition Act, 1894
Ss. 18 and 11 - Reference to court - Implication of - Held, though accepting compensation under protest is a
precondition of reference but reference to court implies that award was not accepted, (2012) 12 SCC 133-K
Evidence Act, 1872
S. 115 - Estoppel - Person deriving benefit of document and later questioning very validity of that document -
Impermissibility of - Held, when a person knowingly accepts benefits of a document subsequently he is estopped from
denying validity or binding effect of such document - Such plea would be contrary to principles of right and good
conscience, (2012) 12 SCC 133-L
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