Court observations - The Legal Chamber

“Nothing Short of Harassment”: Supreme Court Allows Man to Rebuild Old House, Imposes ₹10 Lakh Fine on SDMC

19Jan

By The Legal ChamberNo Comments

Supreme Court

“Nothing Short of Harassment”: Supreme Court Allows Man to Rebuild Old House, Imposes ₹10 Lakh Fine on SDMC

The Supreme Court upheld that municipal bylaws and the Master Plan permitting mixed land use are enabling, not compulsory. Property owners cannot be forced to convert residential use to commercial use. A deemed sanction for purely residential reconstruction plans is valid if the applicant chooses not to avail the option for commercial activity. Facts Of The Case: The respondents, owners of an 85-year-old dilapidated residential house in Delhi, applied for sanction to demolish and reconstruct it in 2010. The Municipal Corporation failed to decide, leading the owners to obtain a deemed sanction from the Appellate Tribunal under the Delhi Municipal Corporation Act. The Corporation challenged this order successively before the Additional District Judge, the Delhi High Court (via writ and rev...

Supreme Court Revives Forgery Case: Fake Stamp Paper Probe Must Go On

19Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Revives Forgery Case: Fake Stamp Paper Probe Must Go On

The Supreme Court held that a Magistrate's referral under Section 156(3) CrPC for police investigation is justified when a complaint discloses a cognizable offence and such a direction is conducive to justice. The High Court's orders quashing the referral were set aside, emphasizing that the police must be allowed to investigate prima facie allegations of forgery and fabrication of documents. Facts Of The Case: The appellant, Sadiq B. Hanchinmani, filed a civil suit claiming ownership of a property via an oral gift from his father, challenging a registered sale deed in favour of accused No. 1, Veena. The suit was dismissed in 2013. During the pendency of his appeal (RFA No. 4095/2013) before the High Court, a status quo order on the property's title and possession was initially granted b...

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 ...

Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

15Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

The Supreme Court ruled that for a missing person, the date of civil death is legally presumed to be after seven years from disappearance, not the date they went missing, as per Section 108 of the Indian Evidence Act, 1872. A court decree declaring death merely recognizes this presumption without fixing an earlier date. This legal presumption is central to claims dependent on establishing the date of death. Facts Of The Case: The case involved a claim for compassionate appointment by Shubham, the son of Gulab Mahagu Bawankule, an employee of the Nagpur Municipal Corporation. Gulab went missing on September 1, 2012. During the period of his disappearance, he was treated as being in continuous service and was duly retired on January 31, 2015. His family received all retiral ben...

Lawyer’s Unconditional Apology Convinces Supreme Court to Delete Adverse Remarks and Penalty

13Jan

By The Legal ChamberNo Comments

Supreme Court

Lawyer’s Unconditional Apology Convinces Supreme Court to Delete Adverse Remarks and Penalty

The Supreme Court emphasized the duty of counsel to respect the Court's expressed inclination and maintain decorum. While continuous insistence after the Court indicates its mind is improper, the Bench accepted an unconditional apology in this instance. Accordingly, it exercised its discretion to delete adverse remarks and the costs imposed in the original order. Facts Of The Case: The State Election Commission of Uttarakhand filed a Special Leave Petition in the Supreme Court challenging an interlocutory order of the High Court. The High Court had stayed a clarification issued by the Commission, holding it to be contrary to statutory provisions. During the hearing on September 26, 2025, the Supreme Court repeatedly communicated to the Commission's counsel that the matter did not warrant...

Injured Witness Testimony Crucial: Supreme Court Dismisses Appeals in 1988 Double Murder Case

6Jan

By The Legal ChamberNo Comments

Supreme Court

Injured Witness Testimony Crucial: Supreme Court Dismisses Appeals in 1988 Double Murder Case

The Supreme Court upheld the appellants' conviction under Sections 302/149 and 307/149 IPC, affirming the High Court's judgment. It ruled the case did not fall under Exception 4 to Section 300 IPC, as the assault with sharp weapons in furtherance of common intention established murder, not culpable homicide. The ocular and medical evidence was found reliable. Facts Of The Case: On May 19, 1988, an altercation arose between two groups of relatives over a land boundary dispute in a sugarcane field. The appellants, led by Molhar and Dharamvir, allegedly damaged a ridge (mendh) on the complainant's side. When the deceased Dile Ram objected, a fight ensued. The appellants, armed with lathis, spades, and phawadas, assaulted Dile Ram, Braham Singh, and Bangal Singh (PW-2). Both Dile Ram and Bra...

Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case

1Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case

This Supreme Court ruling clarified that High Courts cannot direct a Central Bureau of Investigation (CBI) probe merely on "doubt" or "assumption." Such an extraordinary power under Article 226 must be exercised sparingly and only in exceptional cases where material prima facie discloses a cognizable offence, ensuring investigative credibility and protecting fundamental rights. Facts Of The Case: The case originated from writ petitions filed before the Allahabad High Court challenging the 2020 recruitment process for Class-III posts in the Uttar Pradesh Legislative Council and Assembly Secretariats. The petitioners, unsuccessful candidates, alleged the selection was arbitrary, unfair, and involved favoritism by the private external agency conducting the exams. They soug...

Will, Mutation & Adverse Possession: Supreme Court Allows Title Suit to Proceed to Trial

31Dec

By The Legal ChamberNo Comments

Supreme Court

Will, Mutation & Adverse Possession: Supreme Court Allows Title Suit to Proceed to Trial

The Supreme Court held that a plaint cannot be rejected under Order VII Rule 11(d) of the CPC on grounds of limitation when seeking possession based on title, as the limitation period is 12 years under Article 65. The determination of adverse possession is a mixed question of law and fact requiring trial, not a threshold dismissal. Facts Of The Case: The plaintiffs, claiming to be natural heirs of Kartar Kaur through the sisters of the original landowner Ronak Singh, filed a suit for declaration of ownership, possession, and injunction. Their claim stemmed from a 1975 decree that set aside a prior gift made by Kartar Kaur and declared her the owner. Following Kartar Kaur's death in 1983, the defendants set up a 1976 will in their favour, initiating prolonged mutation proceedings wh...

Supreme Court Explains Why: Can’t File Contempt in Supreme Court for Violating High Court Order

29Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Explains Why: Can’t File Contempt in Supreme Court for Violating High Court Order

This Supreme Court judgment clarifies that the doctrine of merger is not of universal application. It holds that where the Supreme Court permits withdrawal of an intra-court appeal, the parties revert to the status under the original High Court Single Judge order. Consequently, contempt for its violation lies before the High Court, not the Supreme Court. Facts Of The Case: The petitioner, M/s Khurana Brothers, initially challenged an order of a Single Judge of the Uttarakhand High Court by filing an intra-court appeal before a Division Bench. While the Division Bench dismissed this appeal, it made certain observations that, according to the petitioner, worsened its legal position compared to the Single Judge's order. The petitioner then sought and was granted leave to appeal to t...

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...