dismissal of appeal - 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 Ruling: Key Lesson for Armed Forces, Location Misrepresentation is a Punishable Offence

1Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Ruling: Key Lesson for Armed Forces, Location Misrepresentation is a Punishable Offence

The Supreme Court declined to interfere with the penalty imposed by the disciplinary authority, upholding the High Court's decision. The Court affirmed that misconduct, proven on the preponderance of probabilities and bringing disrepute to a disciplined force, warrants a commensurate penalty. It found no grounds for intervention under Article 136 of the Constitution. Facts Of The Case: The appellant, Constable Amar Singh, was serving with the Central Industrial Security Force (CISF) at the Mallaram Camp. On August 27, 1995, he was granted a two-hour out-pass to visit a hospital. Instead of doing so, he went to a residential colony located approximately 12 kilometres from the camp to enquire about quarters allotted to another constable. His presence and actions there agitated the local ci...

Supreme Court Rules: Conspiracy Can Be Proven by Conduct, Not Just Direct Evidence

12Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Conspiracy Can Be Proven by Conduct, Not Just Direct Evidence

The Supreme Court upheld the conviction under Section 120B IPC, ruling that criminal conspiracy can be inferred from circumstantial evidence and the accused's conduct. The court affirmed that prior exoneration in a police report does not bar trial courts from summoning an accused under Section 319 CrPC if trial evidence reveals complicity. Facts Of The Case: An Assistant Superintendent of Jail accompanied two Head Constables escorting an undertrial prisoner from Ludhiana to a court in Talwandi Sabo. After the hearing, the official persuaded the constables to return in a private Tata Qualis instead of the bus. Unknown to the officers, two unidentified individuals were already seated in the rear. During the journey, the official had the vehicle stopped on a pretext. At that moment, the two...

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

26Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...