Concurrent Findings - The Legal Chamber

Landmark Property Judgement: Supreme Court Clarifies Evidence Needed for Possession & Declaration Suits

16Oct

By The Legal ChamberNo Comments

Supreme Court

Landmark Property Judgement: Supreme Court Clarifies Evidence Needed for Possession & Declaration Suits

The Supreme Court upheld the High Court's reversal of concurrent findings, ruling that a title deed is primary evidence of ownership. Mere presence of waste or manure on a property does not establish possession for the defendant. A declaratory suit under Section 34 of the Specific Relief Act, 1963, is maintainable when the defendant fails to prove their own possession. Facts Of The Case: The plaintiff, Suresh Tukaram Nerkar, filed a suit for declaration of his ownership and possession, and for a consequential permanent injunction against the defendants. His claim was based on a sale deed (Ext. 81) purportedly covering 150 square metres of land, which included a residential building on one portion ('ABCD') and an adjacent open plot ('PCDF'). The suit was triggered by the defendants, parti...

Supreme Court Upholds Ruling: Power Generators Must Share Coal Costs Fairly Among All Buyers

11Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Ruling: Power Generators Must Share Coal Costs Fairly Among All Buyers

The Supreme Court dismissed appeals against concurrent orders of CERC and APTEL. It upheld that coal linkage for a power plant is allocated to the project as a whole, not to specific PPAs. Consequently, the additional cost from 'Change in Law' events must be apportioned pro-rata among all power procurers based on their energy drawal. Facts Of The Case: GMR Kamalanga Energy Limited (GKEL) set up a power plant and entered into long-term Power Purchase Agreements (PPAs) with three utilities: Haryana, Odisha (GRIDCO), and Bihar. The project was allocated coal from specific linkages and a captive block, intended for the entire plant. When changes in law and a coal supply shortfall increased GKEL's costs, it sought compensation. The Central Electricity Regulatory Commission (CERC) ruled GKEL w...

18Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court’s Key Ruling on Trademark Law :No Monopoly on Common Words

The Supreme Court dismissed the appeal, affirming that deceptive similarity must be assessed holistically, not by dissecting composite marks. The common element "PRIDE" was generic and non-distinctive. No likelihood of confusion was found, as the overall impression, trade dress, and dominant features of the rival marks were distinct. Interim injunction was rightly denied. Facts Of The Case: The appellants, Pernod Ricard India Private Limited, are manufacturers and distributors of alcoholic beverages, holding registered trademarks for 'BLENDERS PRIDE', 'IMPERIAL BLUE', and 'SEAGRAM’S' whiskies. They filed a suit against the respondent, Karanveer Singh Chhabra, alleging that his use of the mark 'LONDON PRIDE' for whisky, along with its packaging and trade dress, constituted tra...

Supreme Court Ruling: Port Tariffs Must Be Set By Experts, Not Arbitrators

14Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Ruling: Port Tariffs Must Be Set By Experts, Not Arbitrators

The Supreme Court held that tariff fixation for port facilities is a technical and expert-driven function, best adjudicated by specialized bodies like TAMP. It emphasized that contractual agreements cannot override statutory tariff-setting mechanisms under the Major Port Authorities Act, 2021. The Court remanded the matter to TAMP for fresh determination, underscoring the need for expert appraisal of tariff revisions and compliance with natural justice. Facts Of The Case: A bilateral agreement was executed in 1985 between Paradip Port Trust (now Authority) and Paradeep Phosphates Ltd. (PPL), then a public sector unit, for the exclusive use of a captive fertilizer berth. The agreement stipulated a tariff schedule, with a clause for future mutual enhancement. In 1993, the Port unilaterally...

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

6Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

The Supreme Court held that the plaintiff failed to prove the existence of a valid sale agreement, a prerequisite for specific performance under Man Kaur v. Hartar Singh Sangha. The burden of proof was not discharged as the sole evidence was self-serving and key witnesses were not examined. The High Court's reversal of concurrent factual findings was erroneous. Facts Of The Case: The respondents (original plaintiffs) filed a suit for specific performance of an alleged sale agreement dated 12.02.1999, claiming the appellant (defendant) had agreed to sell his house for Rs. 70,000. They asserted having paid Rs. 55,000 as advance and taken possession, subsequently renting the property back to the appellant. The appellant contested the suit, denying any agreement to sell. His defense was that...

Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists

28Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists

The Supreme Court held that certified copies of municipal documents, duly certified under Section 376 of the Karnataka Municipalities Act, 1964, carry the same evidentiary value as originals. The failure of the Municipal Council to produce original records despite court orders justified drawing an adverse inference, and a registered sale certificate cannot be invalidated by a mere administrative resolution. Facts Of The Case: The dispute concerned two plots, No. 394 and 395, auctioned by the City Municipal Council (CMC). Respondent No. 2, Prabhudeva, purchased plot No. 395 in a 1973 auction, but his 1988 sale deed erroneously mentioned plot No. 394. Upon realizing this mistake, he applied for rectification in 1992. The CMC's Junior Engineer inspected the site and confirmed the error, lea...

Supreme Court : Res Judicata & Limitation Apply Even if Court Grants Liberty

4Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court : Res Judicata & Limitation Apply Even if Court Grants Liberty

The Supreme Court held that the liberty granted by the High Court to file a fresh suit does not revive a time-barred cause of action or override the principles of res judicata. The Court affirmed that limitation under the Limitation Act and Order 23 Rule 2 CPC applies strictly, and a fresh suit cannot re-agitate issues already decided in prior proceedings. The judgment reinforces that judicial liberty cannot circumvent statutory bars or reopen conclusively adjudicated matters. Facts Of The Case: The case involved a dispute over a property transaction where the original plaintiff (predecessor of the petitioners) had entered into a sale agreement with the first defendant, a cooperative housing society. A Power of Attorney (PoA) was executed in favor of the society’s secretary (second defen...

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....

From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal

11Jun

By The Legal ChamberNo Comments

Supreme Court

From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal

The Supreme Court, exercising its appellate jurisdiction under Article 136, set aside the concurrent convictions of the appellants, finding that the Trial Court and High Court had misread and ignored striking features of the prosecution's evidence. The Court highlighted issues with witness credibility, unexplained delays in statements, and unreliable corroborating evidence, concluding that guilt was not proven beyond reasonable doubt Facts Of The Case: In 2011, the wife of PW-1 won the Panchayat Board elections, a position held by Accused No. 1's family for approximately four decades. This led to numerous skirmishes between the two sides in the months following the elections. On the night of November 14, 2012, PW-1's brother (Deceased No. 1), his son (Deceased No. 2), and daughter (PW-9)...

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

29May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

The Supreme Court upheld the conviction of two appellants under Section 326A IPC for an acid attack, affirming the High Court’s ruling. While maintaining life imprisonment for the advocate (Accused No.2), it reduced the sentence of the elderly co-accused (Accused No.1) to 10 years, considering his age and health. The Court reiterated that concurrent findings of fact require no interference unless perverse or legally flawed, emphasizing strict scrutiny in acid attack cases. Procedural lapses in investigation were deemed non-fatal, and medical evidence conclusively established the victim’s injuries. The judgment underscores parity in sentencing while balancing aggravating and mitigating factors. Facts Of The Case: On June 8, 2014, at approximately 8:00 PM near Govind Nagar railway crossing...