Tag: Appellate Court

Key Ruling on Vakalatnama & “No Instructions”: Supreme Court Clarifies Lawyer-Client Procedure in Civil Cases
4Feb By The Legal ChamberNo Comments
Supreme Court

Key Ruling on Vakalatnama & “No Instructions”: Supreme Court Clarifies Lawyer-Client Procedure in Civil Cases

The Supreme Court clarified that a counsel’s “no instruction” pursis does not equate to withdrawal of vakalatnama under the Advocates Act or Civil Manual. Absent a formal withdrawal, the court is not obligated to issue fresh notice; a litigant’s failure to instruct counsel cannot invalidate proceedings. The High Court’s interference under Article 227 was deemed unwarranted. Facts Of The Case: The appellant, Shri Digant, filed a civil suit in 2014 against the respondents, M/s. P.D.T. Trading Co. & Ors., for possession under the Maharashtra Rent Control Act, 1999. The defendants were initially served summons, and after they failed to appear, the suit proceeded ex parte. Upon applications, these ex parte orders were later recalled, and the defendants filed written statements. Duri...
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Society Cannot Evade Decree by Raising Unauthorized Constructions, Rules Supreme Court
24Dec By The Legal ChamberNo Comments
Supreme Court

Society Cannot Evade Decree by Raising Unauthorized Constructions, Rules Supreme Court

The Supreme Court upheld the enforceability of a cooperative court's decree for specific performance, ruling that subsequent unauthorized constructions and unapproved plot mergers do not render a decree inexecutable. The Court directed the removal of obstructing structures to facilitate the allotment and delivery of vacant possession to the decree-holder, affirming the executability of the award. Facts Of The Case: The appellant, Southern Nagpur Co-operative Society Limited, was directed by the Cooperative Court in a 2000 award to allot Plot No. 5A to its member, respondent Ganpati Yadavrao Kumbhare, a decree upheld in subsequent appeals. During execution proceedings, the appellant society objected, claiming the plot had lost its identity as it was merged with adjoining Plots 4 and 4A in...
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Supreme Court Clarifies: Licensee Must Pay Arrears, Not Liquidated Damages, at Interim Stage
4Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: Licensee Must Pay Arrears, Not Liquidated Damages, at Interim Stage

In a suit for eviction under a lapsed license agreement, the Supreme Court ruled that the trial court cannot grant liquidated damages as an interim measure under Order XXXIX Rules 1 & 2 CPC. However, it upheld the application of Order XV-A CPC (Bombay Amendment), directing the licensee to pay ascertained arrears and ongoing license fees with annual increments, failing which the defense can be struck off. Facts Of The Case: The case originated from a Leave and License Agreement executed on 08.10.2013 between the appellant licensors and the respondent licensee for 36 months, from 01.11.2013 to 31.10.2016, with a 7% annual increase in license fee. Clause 19 stipulated liquidated damages of Rs. 10,000 per day if the licensee failed to vacate upon expiry. After the license period lapsed, ...
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Why a Poorly Drafted Plaint Can Derail Your Case: Lessons from a Recent Supreme Court Judgment
1Dec By The Legal ChamberNo Comments
Supreme Court

Why a Poorly Drafted Plaint Can Derail Your Case: Lessons from a Recent Supreme Court Judgment

The Supreme Court held that even if a Will is proved, a prayer for mere injunction without seeking declaration of title is unsustainable when the plaintiff admits the defendant is in possession. The Court clarified that injunction against alienation is maintainable, but injunction against interference with possession requires a declaration of title and a prayer for recovery. Facts Of The Case: The dispute centered on a property originally owned by Rangaswamy Naidu. His daughter, Rajammal (respondent-plaintiff), filed a suit against her brother, Munuswamy (original defendant), seeking an injunction to restrain him from alienating the property and from interfering with her peaceful possession. She claimed absolute title under a Will dated 30.09.1985, by which her father had allegedly beque...
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Justice Delayed is Justice Denied: Supreme Court Orders Fresh Bail Hearing for Convict
8Sep By The Legal ChamberNo Comments
Supreme Court

Justice Delayed is Justice Denied: Supreme Court Orders Fresh Bail Hearing for Convict

The Supreme Court reiterated the legal principle that appellate courts should liberally suspend sentences of fixed short-term imprisonment during the pendency of an appeal to prevent the appeal itself from becoming infructuous. It held that denial requires recording exceptional, compelling reasons why release would be against public interest. Facts Of The Case: The appellant, Aasif @ Pasha, was convicted and sentenced by the Trial Court in Meerut for offences under the POCSO Act, IPC (Sections 354, 354Kha, 323, 504), and the SC/ST (Prevention of Atrocities) Act. The sentences, which included terms of four years of rigorous imprisonment for the major charges, were ordered to run concurrently. Dissatisfied with the conviction, the appellant filed a criminal appeal before the Allahabad High...
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