Supreme Court - The Legal Chamber

Supreme Court Overturns 11-Year Delay Condonation, Sets New Precedent on Limitation Law

1Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Overturns 11-Year Delay Condonation, Sets New Precedent on Limitation Law

This Supreme Court judgment clarifies that the expression "within such period" in Section 5 of the Limitation Act, 1963 requires a party to explain the delay for the entire period from when the limitation period commenced until the actual filing date, not just the period after the limitation expired. It overrules the narrower interpretation in Rewa Coalfields and aligns with the view that "sufficient cause" must be shown for the full duration of the delay, emphasizing that the State is not entitled to preferential treatment in condonation matters. Facts Of The Case: The case originates from a dispute over a parcel of land. The appellant, Shivamma, became the absolute owner of the land, including a 4-acre portion, through a compromise decree in 1989. However, the Karnataka Housing Board (...

Delayed Counter-Claim for Specific Performance Dismissed by Supreme Court

1Nov

By The Legal ChamberNo Comments

Supreme Court

Delayed Counter-Claim for Specific Performance Dismissed by Supreme Court

This Supreme Court judgment clarifies that a counter-claim under Order VIII Rule 6A of the CPC must be filed against the plaintiff, not solely against a co-defendant. Furthermore, while no specific time limit is prescribed, a counter-claim cannot be permitted after the framing of issues in the suit, as it defeats the purpose of speedy justice and procedural efficiency. Facts Of The Case: The appellant, Rajul Manoj Shah, filed a suit in 2012 concerning a bungalow she jointly owned with her sister-in-law (defendant no.1). She sought a declaration that her sister-in-law had no right to transfer the property and to nullify an Agreement to Sell dated 21.10.2011 executed in favor of respondent no.1, Kiranbhai Patel (defendant no.2). After the sister-in-law passed away in ...

Accessibility is a Right, Not a Charity: Supreme Court’s Powerful Ruling on Disability

1Nov

By The Legal ChamberNo Comments

Supreme Court

Accessibility is a Right, Not a Charity: Supreme Court’s Powerful Ruling on Disability

This Supreme Court judgment establishes a comprehensive monitoring framework, "Project Ability Empowerment," to audit state-run disability care institutions nationwide. It directs compliance with the Rights of Persons with Disabilities Act, 2016, emphasizing substantive equality, accessibility, and community living. The Court also mandates a review of reservation policies to include "upward movement" for meritorious disabled candidates. Facts Of The Case: The litigation originates from two consolidated petitions. The first, a 1998 Writ Petition by the Justice Sunanda Bhandare Foundation, sought the enforcement of the Persons with Disabilities Act, 1995, specifically demanding the implementation of reservation for persons with visual disabilities in teaching posts. The second case began a...

Tenant Can’t Deny Landlord’s Title, Rules Supreme Court in Key Eviction Case

28Oct

By The Legal ChamberNo Comments

Supreme Court

Tenant Can’t Deny Landlord’s Title, Rules Supreme Court in Key Eviction Case

The Supreme Court held that in an eviction suit, strict proof of ownership is not required. A tenant cannot deny the landlord's title under whom they entered possession. The Will bequeathing the property, especially when probated, confers sufficient legal sanctity to maintain the eviction proceedings. The bona fide need of the landlord was also upheld. Facts Of The Case: The dispute involves a shop room tenancy initiated in 1953 by Ramji Das, the appellant's father-in-law, with the father of the respondents. Upon Ramji Das's death in 1999, a Will bequeathed the shop to the appellant, Jyoti Sharma. She subsequently filed a suit for eviction on grounds of bona fide need, seeking to expand her husband's adjacent sweets business, and for recovery of rent arrears from January 2000. Th...

Supreme Court Rules: Time-Barred Tax Assessments Cannot Be Revived

28Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Time-Barred Tax Assessments Cannot Be Revived

The Supreme Court held that Section 21 of the Assam General Sales Tax Act, 1993, which permits a four-year extension for assessment with the Commissioner's sanction, applies only where no assessment was ever made within the original limitation period. It cannot be invoked to resurrect an assessment that was already completed and subsequently declared time-barred under Section 19. The Court emphasized a strict interpretation of fiscal statutes, ruling that the revenue cannot tax a subject by inference if the case falls outside the provision's four corners. Facts Of The Case: The case involved M/s. Shiv Steel challenging reassessment orders for the financial years 2003-2004, 2004-2005, and 2005-2006 under the Assam General Sales Tax Act, 1993. The initial assessments for these years were c...

Marksheet Tampering Case: Supreme Court Sets Aside Conviction, Criticizes Lack of Forensic Proof

28Oct

By The Legal ChamberNo Comments

Supreme Court

Marksheet Tampering Case: Supreme Court Sets Aside Conviction, Criticizes Lack of Forensic Proof

The Supreme Court overturned the conviction, holding that the prosecution failed to prove the appellant's authorship of the alleged forgery beyond a reasonable doubt. The absence of expert evidence on handwriting, lack of proof of exclusive custody of the documents, and the failure to establish mens rea were fatal to the case. The court also noted prejudicial non-compliance with Section 313 CrPC. Facts Of The Case: The appellant, a student pursuing a Bachelor of Social Work, had failed her compulsory English paper in the 1998 summer session examinations, securing only 10 marks upon revaluation. To gain admission to the third-year course (BSW Part-III), she submitted her original mark-sheet and the revaluation notification to her college. The admission clerk and the principal verified the...

Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain

28Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain

In a significant ruling on police accountability, the Supreme Court reiterated that under Section 154 of the CrPC, registration of an FIR is mandatory when information discloses a cognizable offence. The Court held that police inaction in such a scenario constitutes a dereliction of duty, and officers cannot avoid this statutory obligation by citing the victim's failure to formally pursue the matter. Facts Of The Case: The case originated from the communal riots in Akola, Maharashtra, on May 13, 2023. The appellant, Mohammad Afzal, a 17-year-old minor, claimed that while returning home, he witnessed four unknown individuals brutally assaulting Vilas Gaikwad in an auto-rickshaw, mistaking him for a Muslim. The assailants then turned on Afzal, damaging his vehicle and attacking him on the ...

Supreme Court Overturns Death Penalty, Acquits Accused in Child Rape-Murder Case Due to Flawed Evidence

28Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Overturns Death Penalty, Acquits Accused in Child Rape-Murder Case Due to Flawed Evidence

This Supreme Court judgment acquits the appellants, holding that in a case based purely on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances conclusively pointing to guilt. The Court found the evidence—including motive, last seen theory, and DNA reports—to be unreliable, incomplete, and failing to meet the standard of proof beyond a reasonable doubt required for a conviction, let alone the death penalty. Facts Of The Case: On November 20, 2014, a minor girl went missing from a wedding function at Sheeshmahal in Ramlila Maidan, Kathgodam, Uttarakhand. Her father lodged a missing report the next day. After an extensive search, her body was discovered on November 25, 2014, in a forest near the Gaula River, close to the venue. The post-mor...

Landlords Can’t Evict Tenants for Minor Acts, Rules Supreme Court

28Oct

By The Legal ChamberNo Comments

Supreme Court

Landlords Can’t Evict Tenants for Minor Acts, Rules Supreme Court

The Supreme Court ruled that eviction of a cultivating tenant under the Tamil Nadu Cultivating Tenants Protection Act, 1955, requires cogent evidence of acts destructive or injurious to the land. It emphasized the principle of beneficent construction, stating that such protective statutes must be interpreted liberally in favor of tenants, and mere pruning of trees or minor alterations do not warrant eviction under Section 3(2)(b) of the Act. Facts Of The Case: The case originated from a dispute over agricultural land in Coimbatore, Tamil Nadu. The appellants, represented by their legal heirs, were the cultivating tenants, while the respondents were the landlords. The tenants had previously successfully sued the landlords (O.S. No. 1363/1993) to protect their possession. Subsequently, the...

Supreme Court Quashes Cheating Case: Fake Fire NOC Not Needed for School Building

27Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Quashes Cheating Case: Fake Fire NOC Not Needed for School Building

The Supreme Court quashed the proceedings under Section 420 IPC, holding that the essential ingredients of cheating were not made out. As the institution's building height was below 15 metres, a Fire NOC was not legally required for affiliation; thus, the alleged false representation could not have induced the authorities to act, negating dishonest intention. Facts Of The Case: The appellant, representing JVRR Education Society, was implicated in a criminal case for allegedly using a forged No-Objection Certificate (NOC) from the Fire Department to obtain recognition and renewal of affiliation for its educational institution. The First Information Report was registered based on a complaint from the District Fire Officer, leading to a chargesheet under Section 420 of the Indian Penal Code...