Tag: Appeal

Supreme Court: Insurance Claim Can’t Be Denied Based on Age of Equipment
3Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Insurance Claim Can’t Be Denied Based on Age of Equipment

The Supreme Court held that an insurer cannot repudiate a claim merely by invoking an exclusion clause for wear and tear. The burden lies on the insurer to prove material non-disclosure, fraud, or that the loss was definitively caused by an excluded peril. A valid statutory fitness certificate creates a strong presumption of the equipment's insurable condition, shifting the evidentiary onus onto the insurer. Facts Of The Case: The appellant, a sugar mill, held an insurance policy from National Insurance Co. Ltd. covering its boiler. During the policy period in May 2005, an incident occurred causing two boiler tubes to detach. The insurer repudiated the claim, citing Exclusion Clause 5, which excludes losses from wear, corrosion, and gradual deterioration. It relied on a surveyor's ...
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Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case

This Supreme Court judgment affirms that claims of juvenility under the Juvenile Justice Act, 2000 can be raised at any stage, even post-conviction. The Court held that a juvenile offender cannot be detained beyond the statutory maximum period prescribed under the Act, and such excess detention violates Article 21 of the Constitution. Facts Of The Case: The petitioner, born on 10th June 1969, was convicted for a murder allegedly committed on 2nd November 1981, when he was approximately 12 years and 5 months old. The trial court, in its 1984 order, recognized his juvenility under the Children Act, 1960 and directed his placement in a children's home instead of prison. Following a reversal of his acquittal by the Supreme Court in 2009, the petitioner absconded and was subsequently arrested...
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Supreme Court Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft

The Supreme Court acquitted the appellant, ruling that a conviction under Section 411 IPC for dishonestly receiving stolen property is legally unsustainable once the accused stands acquitted of the primary offence of theft under Section 379 IPC. The Court further held that the burden of proof lies entirely on the prosecution and cannot be reversed onto the accused. Facts Of The Case: The case originated from the disappearance and suspected murder of M. Narsalah on December 22, 2005, after he traveled to Warangal to collect outstanding business dues of approximately ₹2.92 lakh. When his phone was switched off, his cousin filed a missing person's report. The prosecution alleged that Narsalah's former employer and business rival, Accused-Moulana, murdered him, stole the cash, and enlisted t...
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Supreme Court Rules Property Can Be Returned During Insolvency If Not Needed
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Property Can Be Returned During Insolvency If Not Needed

This Supreme Court judgment affirms the paramountcy of the commercial wisdom of the Committee of Creditors (CoC) under the Insolvency and Bankruptcy Code, 2016. It clarifies that the moratorium under Section 14(1)(d) does not bar the return of possession of a corporate debtor's leased asset when such a decision is a conscious business choice made by the CoC and the Resolution Professional to alleviate a financial burden on the estate. Facts Of The Case: The case originated from a dispute over the possession of a property leased by Nandini Impex Private Limited, the corporate debtor. The appellants had provided loans to the company, secured by the title deeds of the property's front and rear portions. Following a default, the property was conveyed to the appellants through separate deeds ...
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UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement
10Jun By The Legal ChamberNo Comments
Supreme Court

UP Gangster Act Misuse? Supreme Court Sets Guidelines for Fair Enforcement

The Supreme Court quashed criminal proceedings under the UP Gangsters Act, emphasizing that a gang chart's approval requires independent application of mind by authorities and cannot be based solely on prior FIRs, especially without overt acts, violence, or economic gain. The judgment clarified the stringent conditions necessary for invoking the Act and upheld the importance of due process in such cases. Facts Of The Case: The case involved a criminal appeal against a High Court judgment that refused to quash proceedings initiated under the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, against the appellant, Vinod Bihari Lal. The appellant was implicated in a "gang chart" based on previous FIRs. He sought to quash the proceedings and non-bailable warrants i...
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