Tag: first appellate court

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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Supreme Court: An Agreement to Sell Does Not Transfer Ownership Under Muslim Law
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court: An Agreement to Sell Does Not Transfer Ownership Under Muslim Law

The Supreme Court affirmed that an agreement to sell does not transfer title under Section 54 of the Transfer of Property Act. Property remains part of the deceased's matruka (estate) until a registered sale deed is executed. Inheritance under Muslim law applies to the entire estate, with the widow entitled to a one-fourth share as a sharer, absent descendants. Facts Of The Case: The case concerns a dispute over the inheritance of Chand Khan's property between his widow, Zoharbee (appellant), and his brother, Imam Khan (respondent). Chand Khan died issueless, leaving behind two plots of land. Zoharbee claimed the entire property as matruka (estate) and, under Muslim law, sought a three-fourths share as the surviving spouse. Imam Khan contended that one plot had been transferred v...
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Supreme Court Rejects “Cryptic” Acquittal, Orders Fresh Hearing in 2002 Murder Case
7Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rejects “Cryptic” Acquittal, Orders Fresh Hearing in 2002 Murder Case

The Supreme Court set aside a High Court judgment of acquittal for being cryptic and lacking reasoning. It reiterated that a first appellate court must independently evaluate evidence and provide a reasoned order, demonstrating application of mind. The case was remanded for a fresh hearing on merits, without expressing any opinion on the case's substance. Facts Of The Case: The case originated from a Sessions Court judgment dated 04.06.2009 in Sessions Trial No. 50 of 2003, which convicted the accused persons for offenses stemming from an incident in 2002. The Sessions Court sentenced accused Nos. 1 and 2, Anil and Imran, to life imprisonment, while accused Nos. 3 and 4, Wasif and Pappu, were sentenced to one year of imprisonment along with a fine. The convicted accused appealed this dec...
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Supreme Court Landmark Ruling: 12-Year Limit to Reclaim Property Applied in Forgery Case
4Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: 12-Year Limit to Reclaim Property Applied in Forgery Case

The Supreme Court clarified that when a sale deed is void ab initio due to non-execution by the owner, a suit for possession based on title is governed by Article 65 of the Limitation Act, 1963, prescribing a 12-year limitation period. Article 59, which applies to voidable instruments requiring cancellation, is inapplicable. A plaintiff challenging a void transaction is not obligated to seek its cancellation and can file a simpliciter suit for possession within twelve years from when the defendant's possession became adverse. Facts Of The Case: The plaintiffs, legal heirs of Rasali, instituted a suit claiming a one-third share in agricultural land, alleging that a sale deed dated 14.06.1973, which purportedly transferred the land to the defendant, Shanti Devi, was fraudulent. The...
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Landlords Can’t Evict Tenants for Minor Acts, Rules Supreme Court
28Oct By The Legal ChamberNo Comments
Supreme Court

Landlords Can’t Evict Tenants for Minor Acts, Rules Supreme Court

The Supreme Court ruled that eviction of a cultivating tenant under the Tamil Nadu Cultivating Tenants Protection Act, 1955, requires cogent evidence of acts destructive or injurious to the land. It emphasized the principle of beneficent construction, stating that such protective statutes must be interpreted liberally in favor of tenants, and mere pruning of trees or minor alterations do not warrant eviction under Section 3(2)(b) of the Act. Facts Of The Case: The case originated from a dispute over agricultural land in Coimbatore, Tamil Nadu. The appellants, represented by their legal heirs, were the cultivating tenants, while the respondents were the landlords. The tenants had previously successfully sued the landlords (O.S. No. 1363/1993) to protect their possession. Subsequently, the...
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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...
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Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims

The Supreme Court held that the right to prefer an appeal under the proviso to Section 372 CrPC includes the right to prosecute it. Consequently, upon the death of the original appellant-victim, their legal heir is entitled to be substituted to continue the appeal. The definition of ‘victim’ under Section 2(wa) CrPC is broad and inclusive, enabling such substitution to ensure the right of access to justice is not defeated. Facts Of The Case: On December 9, 1992, an attack occurred in which Virendra Singh was killed, and informant Tara Chand (PW-1) and his son Khem Singh (PW-3) were injured. The Sessions Court convicted accused Ashok, Pramod, and Anil @ Neelu, sentencing them to life imprisonment, but acquitted six other accused. The convicted accused appealed to the High Court, which, vi...
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