Tag: Compensation

Supreme Court: Courts Must Examine Contempt Grievances on Merits, Not Avoid Them
27Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Courts Must Examine Contempt Grievances on Merits, Not Avoid Them

The Supreme Court held that the High Court erred in dismissing a contempt petition on grounds of ambiguity in the original order. It clarified that contempt jurisdiction cannot be avoided merely because an order is allegedly capable of two interpretations. The Court must examine specific grievances of non-compliance based on material on record, not assume compliance from others' silence. Facts Of The Case: The dispute originated from Writ Petition No.3412 of 1992 filed by the predecessor of the appellants seeking completion of acquisition proceedings and possession of land bearing Gat No.78 in Village Chinchavali, Thane. On 17.01.2003, the Bombay High Court disposed of this petition along with four others through a common order. In this order, the Special Land Acquisition Officer s...
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Supreme Court on Land Acquisition: Proximity to Town & Highway Matters in Valuation
6Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court on Land Acquisition: Proximity to Town & Highway Matters in Valuation

The Supreme Court allowed the appeals, applying parity from its earlier decision in Manohar & Others. It upheld the market value determined from comparable sale exemplars but mandated a 20% deduction due to the superior location and smaller size of the exemplar plots. The Court awarded enhanced compensation with statutory benefits under the Land Acquisition Act, 1894, while denying interest for the delay in filing the Special Leave Petition. Facts Of The Case: The appellants were landowners whose agricultural lands near Jintur town in Parbhani District were acquired in the 1990s under the Maharashtra Industrial Development Act, 1961, for setting up an industrial area. The Land Acquisition Officer passed an award in 1994, fixing compensation. Dissatisfied with the quantu...
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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 Ends Confusion, Sets Uniform Rule for Accident Payouts
20Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ends Confusion, Sets Uniform Rule for Accident Payouts

The Supreme Court held that the application of a "split multiplier" in motor accident compensation cases is impermissible. Relying on the structured formula from Sarla Verma and Pranay Sethi, the Court ruled that compensation must be calculated using a single multiplier based solely on the victim's age, as superannuation does not constitute an exceptional circumstance justifying a deviation from this settled method. Facts Of The Case: On 3rd August 2012, T.I. Krishnan, aged 51, died in a road accident on the Pala-Thodupuzha Road when his car was hit by a rashly driven bus. His surviving family—his wife and children—filed a claim petition before the Motor Accidents Claims Tribunal (MACT), Pala, seeking compensation. The Tribunal, in April 2014, awarded approximately ₹44 lakhs, determining...
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Arbitrator’s Inaction for 4 Years Leads to Award Being Quashed: Supreme Court Ruling
16Jan By The Legal ChamberNo Comments
Supreme Court

Arbitrator’s Inaction for 4 Years Leads to Award Being Quashed: Supreme Court Ruling

In appeals arising from a delayed and unworkable arbitral award, the Supreme Court held that inordinate and unexplained delay in pronouncement can vitiate an award if it explicitly and adversely impacts its findings, rendering it contrary to public policy or patently illegal under Section 34 of the Arbitration Act. The Court further clarified that such an unworkable award, which fails to resolve disputes and irreversibly alters parties' positions, is liable to be set aside, and in exceptional circumstances, the Court may exercise its jurisdiction under Article 142 of the Constitution to do complete justice. Facts Of The Case: The case originated from a Joint Development Agreement (JDA) dated 17.12.2004 between respondent landowners and a developer (later amalgamated into the ...
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Specific Performance Upheld: Supreme Court Reinstates Decree in Property Dispute
15Jan By The Legal ChamberNo Comments
Supreme Court

Specific Performance Upheld: Supreme Court Reinstates Decree in Property Dispute

The Supreme Court held that the High Court exceeded its jurisdiction under Section 100 CPC by interfering with the first appellate court's findings of fact, particularly regarding additional payment and the plaintiff's readiness and willingness. The Court reiterated that time is not ordinarily the essence in immovable property contracts and that acceptance of further payment post-deadline constitutes a waiver of the right to forfeit earnest money, making the suit for specific performance maintainable without a separate declaratory relief. Facts Of The Case: The appellant, Annamalai, entered into a registered sale agreement dated 08.01.2010 with Saraswathi (D-1) and Dharmalingam (D-2) for two property items. The total consideration was Rs. 4,80,000, of which Rs. 4,70,000 was paid as a...
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From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community
4Jan By The Legal ChamberNo Comments
Supreme Court

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community

This Supreme Court judgment affirms that the Transgender Persons (Protection of Rights) Act, 2019, read with Articles 14, 15, and 21 of the Constitution, imposes horizontal obligations on both State and private establishments to prevent discrimination against transgender persons. The Court underscores the State’s positive duty to ensure reasonable accommodation, effective grievance redressal, and substantive equality, holding that legislative and administrative inaction constitutes discriminatory omission. Facts Of The Case: The petitioner, Jane Kaushik, a transgender woman and trained teacher, faced alleged discrimination and termination from two private schools within a year. She was first appointed by the First School in November 2022 but was forced to resign after eight days, citin...
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Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers
28Dec By The Legal ChamberNo Comments
Supreme Court

Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers

The Supreme Court held that the restoration remedy in Kedar Nath Yadav, grounded in protecting vulnerable agricultural communities, does not extend to industrial entities. A party that accepted compensation without challenge and failed to pursue statutory remedies cannot belatedly claim relief from a judgment secured by others through public interest litigation. Facts Of The Case: The case concerns a dispute over the restoration of 28 Bighas of land in Singur, West Bengal, originally acquired in 2006 for the Tata Nano manufacturing project. The land was purchased and converted for industrial use by M/s Santi Ceramics Pvt. Ltd. (Respondent No. 1), which established a manufacturing unit thereon. The acquisition process, conducted under the Land Acquisition Act, 1894, was subsequently...
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Merely Producing a Licence is Not Collusion, Rules Supreme Court, Protecting Owners from Insurer’s Recovery
24Dec By The Legal ChamberNo Comments
Supreme Court

Merely Producing a Licence is Not Collusion, Rules Supreme Court, Protecting Owners from Insurer’s Recovery

The Supreme Court held that merely proving a driver’s licence is fake does not absolve the insurer unless it is established that the vehicle owner knowingly breached the duty of due diligence in employing the driver. Absent proof of such breach, the insurer remains liable to third parties and cannot recover from the owner under a “pay and recover” order. Facts Of The Case: The accident occurred on January 26, 1993, at 2:00 AM at an intersection, involving a collision between a truck and a Matador van. The Matador van was carrying ten passengers, including the driver. Tragically, nine persons lost their lives in the accident, while two sustained injuries. Claims were filed before the Motor Accident Claims Tribunal by the injured and the legal heirs of the deceased passengers, as wel...
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Specific Performance Suit Fails: Supreme Court Explains Why Buyer Must Vacate Despite Long Possession
4Dec By The Legal ChamberNo Comments
Supreme Court

Specific Performance Suit Fails: Supreme Court Explains Why Buyer Must Vacate Despite Long Possession

The Supreme Court affirmed the executability of a warrant of possession, ruling that a party who receives substantial monetary compensation in lieu of specific performance cannot retain possession of the property. The Court held that equity prevents unjust enrichment and that execution proceedings exist to enforce judgments, not to facilitate windfalls for unscrupulous litigants. Facts Of The Case: On 12.06.1989, the defendants agreed to sell a property to the plaintiff for ₹14,50,000, with ₹25,000 paid as earnest money. Possession of the vacant ground floor was handed over to the plaintiff. In 1990, the plaintiff first filed and withdrew a suit for permanent injunction. Subsequently, in June 1990, the plaintiff filed a suit for specific performance, which was decreed by the Trial Court ...
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