Tag: B.V. Nagarathna

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal
26Feb By The Legal ChamberNo Comments
Supreme Court

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal

The Supreme Court partially allowed the appeal, reducing the sentence to the period already undergone (two years and three months) while upholding the conviction. Notice had been limited to quantum of sentence. The Court considered the compromise between parties and the incarceration period served, modifying the sentence accordingly with direction for immediate release if not required in other cases. Facts Of The Case: The appellants, Venkatesh and another individual, were originally convicted by the learned III-Additional District and Sessions Judge, Salem, in S.C. No.460/2016 on November 3, 2020. The charges stemmed from Crime No.103/2016, under which they were found guilty of offenses under Section 326 of the Indian Penal Code (IPC), which pertains to voluntarily causing g...
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Landmark Ruling: Supreme Court Clarifies Grounds for Rejecting a Plaint Under Order VII Rule 11
9Feb By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Clarifies Grounds for Rejecting a Plaint Under Order VII Rule 11

The Supreme Court upheld the High Court's decision to restore the suit, affirming that rejection of a plaint under Order VII Rule 11 CPC is a threshold scrutiny. Contentions regarding cause of action, limitation, and res judicata are mixed questions requiring a full trial, not adjudication at the preliminary stage. Facts Of The Case: The case originated from a civil suit (O.S. No.26246 of 2023) filed by the respondents (Archbishop of Bangalore & Others) against the appellant, C.M. Meenakshi, and others. The plaintiffs sought a declaration of absolute ownership over a scheduled property in Bangalore, cancellation of two sale deeds from 2014 and 2020, and permanent injunctions to prevent any alteration or alienation of the property. During the suit's pendency, defendants 1 to 8 f...
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Supreme Court Decides Long-Running Property Dispute on Mortgage Redemption
2Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Decides Long-Running Property Dispute on Mortgage Redemption

This Supreme Court judgement clarifies the limitation period for redeeming a usufructuary mortgage. The Supreme Court held that the right to redeem does not arise from the mortgage's creation date. Instead, the limitation period commences only when the mortgagor tenders the mortgage money, meaning the mortgagor's redemption right is not extinguished by mere lapse of time. Facts Of The Case: This case originated from a dispute over the redemption of a usufructuary mortgage concerning agricultural land in Punjab. The respondents' ancestors had mortgaged the property to the appellants' predecessors. In 1975, the Collector allowed the respondents' application for redemption under the Redemption of Mortgage Act, 1913. Challenging this, the appellants (original plaintiffs) filed a civil suit, ...
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Supreme Court Quashes FIR in Land Dispute, Decries Criminalization of Civil Disputes
15Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Land Dispute, Decries Criminalization of Civil Disputes

The Supreme Court reiterated that criminal proceedings which are manifestly mala fide or constitute an abuse of the legal process are liable to be quashed under Section 482 of the Cr.P.C. It emphasized that criminal law cannot be invoked to settle purely civil disputes or for wreaking vengeance, applying the principles established in State of Haryana v. Bhajan Lal. The Court allowed the appeal and quashed the FIR and charge sheet. Facts Of The Case: The appellant, Anukul Singh, became embroiled in a criminal prosecution originating from a property dispute. His father had purchased a piece of land, and after objecting to the performance of Qurbani (animal sacrifice) on it, the appellant alleged harassment from local authorities and the Shaher Imam. Subsequently, eight FIRs were register...
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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...
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Ex-MLA’s Plea Rejected: Supreme Court Rules Against Fraud Claims in Rs. 2426 Crore Irrigation Scheme
5Jun By The Legal ChamberNo Comments
Supreme Court

Ex-MLA’s Plea Rejected: Supreme Court Rules Against Fraud Claims in Rs. 2426 Crore Irrigation Scheme

The Supreme Court dismissed the Special Leave Petition challenging the High Court's rejection of a PIL alleging fraudulent revision of costs in the Palamuru-Ranga Reddy Lift Irrigation Scheme. The Court held that factual adjudication cannot be pursued under Article 226 and upheld the High Court's discretion in refusing a CBI probe, citing prior findings by the Central Vigilance Commission and constructive res judicata. The ruling reaffirmed judicial restraint in interfering with discretionary orders absent jurisdictional errors. Facts Of The Case: The petitioner, Nagam Janardhan Reddy, a former MLA and Minister in Andhra Pradesh, filed a Public Interest Litigation (PIL) before the High Court of Telangana and Andhra Pradesh, alleging fraudulent revision of cost estimates for the Palamuru-...
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Homeowner Wins 7-Year Battle: Supreme Court Orders Insurer to Pay for Rain-Flooded Basement
29May By The Legal ChamberNo Comments
Supreme Court

Homeowner Wins 7-Year Battle: Supreme Court Orders Insurer to Pay for Rain-Flooded Basement

The Supreme Court held that heavy rainfall causing sudden basement flooding constitutes a covered "flood/inundation" peril under standard insurance policies, rejecting the insurer’s "seepage" exclusion. It ruled that insurers cannot arbitrarily disregard initial survey reports confirming flood damage in favor of belated contradictory assessments. The Court remanded the matter to NCDRC solely for compensation quantification under the policy terms, emphasizing objective claim evaluation aligned with contractual obligations. Facts Of The Case: The appellant, Gopal Dikshit, owned a property at 50, Ishwar Nagar, Mathura Road, New Delhi, insured under a ₹1.5 crore House Holder Policy (No. 2219042615P115431073) by United India Insurance for the period March 13, 2016, to March 12, 20...
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