Tag: Civil Appellate Jurisdiction

Verified Claim is Key: Supreme Court Distinguishes Between Timely and Belated Homebuyers in Insolvency
16Oct By The Legal ChamberNo Comments
Supreme Court

Verified Claim is Key: Supreme Court Distinguishes Between Timely and Belated Homebuyers in Insolvency

The Supreme Court held that a homebuyer's claim, once verified and admitted by the Resolution Professional and reflected in the list of creditors, must be honoured as per the plan's provisions for verified claims. It cannot be relegated to a residuary clause meant for belated or unverified claims, as this would misapply the approved resolution plan. Facts Of The Case: The appellants, residents of Bengaluru, booked an apartment in 2010 in the 'IREO Rise (Gardenia)' project developed by M/s Puma Realtors Private Limited. They executed an Apartment Buyer’s Agreement in 2011 and paid Rs. 57,56,684 out of the total consideration of Rs. 60,06,368. The Corporate Debtor failed to deliver possession by the agreed date of November 2013. The appellants initially filed a consumer complaint, which wa...
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Supreme Court: Insurance Can’t Deny Claim Based on Policy Clause When Vehicle Was Properly Registered & Permitted
11Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Insurance Can’t Deny Claim Based on Policy Clause When Vehicle Was Properly Registered & Permitted

Supreme Court Judgment Based on the policy's "Limitation as to Use" clause, the Supreme Court ruled that an insurance company cannot deny liability for a utility vehicle registered and permitted as a "contract carriage" to carry passengers. The clause applies only to goods carriages, and the insurer, having issued the policy with full knowledge of the vehicle's registration and permit, is bound to indemnify the owner for third-party claims. The "pay and recover" order was set aside. Facts Of The Case: The case originated from a tragic accident involving a utility vehicle, which led to the filing of five separate claim petitions before the Motor Accidents Claims Tribunal (MACT) by the legal representatives of the deceased. The owner of the vehicle, Shyam Lal, was the appellant b...
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Supreme Court Settles Decade-Long Hydel Power Tariff Battle, Explains Limits of Private PPA Changes
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Settles Decade-Long Hydel Power Tariff Battle, Explains Limits of Private PPA Changes

The Supreme Court affirmed that the electricity tariff and Power Purchase Agreements (PPAs) are not purely private contracts. Under Section 86(1)(b) of the Electricity Act, 2003, they must be reviewed and approved by the State Electricity Regulatory Commission. A generating company and distribution licensee cannot unilaterally set or modify tariffs without the regulatory commission's mandatory approval. Facts Of The Case: The case originated from a dispute over the tariff payable for electricity supplied by M/s. KKK Hydro Power Limited. The company initially established a 3 MW hydro plant under a 2000 Power Purchase Agreement (PPA) with a fixed tariff of ₹2.50/kWh. In 2007, it augmented the project's capacity to 4.90 MW. A new PPA was executed in 2008 for the revised capacity, but it ret...
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Conduct Matters: Supreme Court Confirms Auction Sale but Orders Buyer to Pay Extra ₹25 Lakh/Acre
29Sep By The Legal ChamberNo Comments
Supreme Court

Conduct Matters: Supreme Court Confirms Auction Sale but Orders Buyer to Pay Extra ₹25 Lakh/Acre

The Supreme Court upheld the High Court's decision confirming the validity of a court-auctioned property sale. It endorsed the directions for a fresh survey to demarcate the exact purchased area and for the auction purchaser to pay additional consideration, citing his conduct, while ruling that subsequent challenges to the sale were barred by law. Facts Of The Case: The dispute originated from a debt recovery proceeding initiated by the Karnataka State Financial Corporation (KSFC) against a company, for which the respondent, G.M. Krishna, was a guarantor. Following a decree, KSFC attached the respondent's agricultural land for auction. The appellant, R. Raghu, emerged as the highest bidder in a court auction in 2003, and a sale certificate was subsequently issued. The responden...
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Wake-Up Call for Courts: Supreme Court Says Long Delays Can Create New Rights in Property Disputes
18Sep By The Legal ChamberNo Comments
Supreme Court

Wake-Up Call for Courts: Supreme Court Says Long Delays Can Create New Rights in Property Disputes

The Supreme Court set aside the High Court's order condoning a delay of 5,250 days in filing a restoration application. It held that courts must be cognizant of third-party rights created during prolonged delays and that such condonation requires reasoned orders after hearing affected parties, who may be impleaded. The matter was remanded for fresh consideration. Facts Of The Case: The case originated from a suit for eviction filed by Mafatlal Mangilal Kothari and another (Respondent Nos. 1 and 2) against the defendants concerning a disputed property. The Trial Court dismissed the suit in 1988, prompting the plaintiffs to file a First Appeal. This appeal was admitted by the Bombay High Court in 1989 but was eventually listed in 2008, where the Court passed an order stating that if the co...
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Supreme Court :No Time Bar for Railways to Recover Penalty on Misdeclared Cargo Under Section 66 of Railways Act
18Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court :No Time Bar for Railways to Recover Penalty on Misdeclared Cargo Under Section 66 of Railways Act

The Supreme Court of India held that demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989, can be raised by railway authorities even after delivery of goods. The Court clarified that Section 66 does not specify a stage for imposing such charges , distinguishing it from Sections 73 and 78, which relate to punitive charges for overloading and require recovery before delivery. The Court also stated that the High Court's reliance on Jagjit Cotton Textile Mills v. Chief Commercial Superintendent N.R. was erroneous as that case pertained to overloading and Section 54, not misdeclaration under Section 66. Facts Of The Case: The case involves appeals filed by the Union of India against M/s Kamakhya Transport Pvt. Ltd. and others, stemming from a judgment ...
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Land Sale Void If Society’s Charge Not Cleared: Supreme Court Explains Legal Consequence
14Jun By The Legal ChamberNo Comments
Supreme Court

Land Sale Void If Society’s Charge Not Cleared: Supreme Court Explains Legal Consequence

The Supreme Court dismissed an appeal, affirming that a plaintiff cannot benefit from their own wrong. The Court held that an alienation of charged property, even if voidable, can only be challenged by the aggrieved society, not the member-loanee who committed the breach. Subsequent release of the charge validated the sale, and the reconveyance deed was deemed invalid due to lack of stamp paper, registration, and crucial terms. Facts Of The Case: The case originated from Special Civil Suit No. 49/1973, filed by the original plaintiff, Machhindranath, seeking possession and reconveyance of ancestral agricultural land, Survey No. 30, admeasuring 15 Acres and 17 Guntha, located in Village Kendal Bk., Taluka Rahuri, Ahmednagar, Maharashtra. The plaintiff had obtained a loan from Kendal Bk....
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