Supreme Court · 2003 INSC 738 · Decided 18 December 2003
Harishchandra Hegde v. State of Karnataka and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 738 · [2003] SUPP. 6 S.C.R. 1111
- Case number
- CIVIL APPEAL No. 5385/1997
- Decided
- 18 December 2003
- Bench
- S.B. SINHA, ARUN KUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 51, 4, 5
Headnote
B Karnataka Scheduled Castes and Scheduled Tribes (Prohobition of Transfer of Certain lands) Act, 1978: Ss. 4 and 5-Restoration of land to grantee-Transferee's claim for C value of improvements made in the land-Government grantee-Alienating land in 1962-Act declaring void the alienations made in passed uls. 5 of the Act would be subject to his right to claim value of improvements as prescribed uls. 51 of Transfer of Property Act- D Held, consequnces contained in s. 5 of the Act apply automatically in the event an order u/s. 4 is passed-S.4, which contains a non-obstante clause, would
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