Tag: High Court Judgment

Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation

This Supreme Court judgment interprets Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, affirming the method for determining market value based on comparable sale instances. It clarifies that rental compensation for pre-acquisition occupation is not statutorily mandated, but equitable interest may be awarded under Section 28 for specific periods of dispossession. Facts Of The Case: This case concerns a long-standing dispute over a 37-Are (3,700 sq. m.) plot of land in Nashik, originally part of Survey No. 8/1. In 1972, the Nashik Municipal Corporation (then Council) resolved to reserve the land for public purposes and took possession of this portion without formal acquisition. A 1978 notification under land acqu...
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Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed

The Supreme Court held that at the quashing stage under Section 482 CrPC, the High Court cannot conduct a mini-trial or evaluate evidence. If the complaint and prima facie documents disclose cognizable offences, the prosecution must proceed to trial. The merits of allegations, including forgery and cheating, are to be tested through evidence, not nipped in the bud. Facts Of The Case: The complainant, Komal Prasad Shakya, filed a criminal complaint alleging that Rajendra Singh, who had always identified as a General Category 'Sikh', fraudulently obtained a Scheduled Caste ('Sansi') certificate just before the 2008 Guna Assembly elections. Using this certificate, he contested and won from a reserved constituency. The complaint accused Rajendra Singh, his father Amrik Singh, and others in...
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Supreme Court Upholds Conviction in Karnataka Murder Case: Why Witness Testimony Beat Medical Evidence
4Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Conviction in Karnataka Murder Case: Why Witness Testimony Beat Medical Evidence

In an appeal against acquittal, the Supreme Court reiterated that ocular evidence prevails over medical opinion unless irreconcilable. It held that the Trial Court’s view was perverse for discarding the injured eyewitness's consistent testimony based on speculative defenses and minor contradictions, thus rightly upholding the High Court's conviction. Facts Of The Case: On March 16, 2003, at around 6:00 a.m., Mohan Kumar was assaulted by a group of sixteen accused persons when he was leaving his house in the village to deliver milk. The attackers, armed with dangerous weapons, inflicted fatal injuries on him. His wife, Smt. Annapurna (PW-1), who intervened to save him, also sustained grievous injuries. The accused fled upon the arrival of other villagers. The injured were first take...
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“Pay and Recover” Doctrine Upheld: Supreme Court Directs Insurance to Compensate, Then Claim from Owner
15Nov By The Legal ChamberNo Comments
Supreme Court

“Pay and Recover” Doctrine Upheld: Supreme Court Directs Insurance to Compensate, Then Claim from Owner

The Supreme Court applied the "pay and recover" principle, directing the Insurance Company to satisfy the compensation award despite a policy breach due to an invalid driving licence. The insurer was absolved from liability but was ordered to pay the claimant and was permitted to subsequently recover the amount from the insured vehicle owner. Facts Of The Case: The case originated from a fatal vehicular accident on 13th October 2011, in which Nand Kumar, a conductor, died. The accident involved a truck driven by respondent No. 1. The deceased's mother, Rama Bai, filed a claim petition before the Motor Accident Claims Tribunal. The Tribunal awarded a compensation of Rs. 3 Lakhs, payable by the driver and the truck owner (respondent Nos. 1 & 2), after finding that the driver did not po...
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Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later
11Oct By The Legal ChamberNo Comments
Supreme Court

Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later

The Supreme Court dismissed the appeal, upholding the High Court's finding that the death was not a direct consequence of the motor accident injuries. The legal requirement of establishing a direct causal nexus between the accident and the death was not satisfied, as the medical evidence indicated the fatality was a possible after-effect of the surgery and the victim's pre-existing conditions, not the injuries themselves. Facts Of The Case: On April 29, 2006, an Excise Guard died following injuries sustained in a motorcycle accident. The accident occurred when the motorcycle he was riding collided with another motorcycle. He was initially hospitalized from April 29 to May 3, 2006, for injuries including a compound fracture of multiple metatarsals in his right foot and a fracture in his l...
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Supreme Court Rules: Govt Can’t Cancel Ongoing Job Recruitments Midway
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Govt Can’t Cancel Ongoing Job Recruitments Midway

This Supreme Court judgment reiterates that executive instructions, such as a New Recruitment Policy, cannot override or supplant statutory rules or rules framed under Article 309 of the Constitution. A recruitment process, once commenced under specific statutory rules, cannot be altered midway by executive fiat, as doing so amounts to changing the rules of the game after it has begun and violates principles of fairness and legitimate expectation. Facts Of The Case: The State of Tripura initiated a recruitment process for the post of Enrolled Followers in the Tripura State Rifles, conducted strictly under the Tripura State Rifles Act, 1983 and its corresponding Rules. The process, involving advertisements, physical tests, written exams, and interviews, had advanced significantly, with pr...
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Beyond Reasonable Doubt: Supreme Court Frees Men, Citing Gaps in Circumstantial Case
30Sep By The Legal ChamberNo Comments
Supreme Court

Beyond Reasonable Doubt: Supreme Court Frees Men, Citing Gaps in Circumstantial Case

The Supreme Court acquitted the accused, ruling the prosecution failed to establish a complete chain of circumstantial evidence. Key scientific evidence, including DNA reports, was deemed inadmissible due to an unproven chain of custody and procedural flaws. The Court emphasized that suspicion, however strong, cannot substitute for proof beyond reasonable doubt. Facts Of The Case: On the evening of September 4, 2012, a 12-year-old girl left her home to answer the call of nature and did not return. Her parents initiated a search throughout the night. The next morning, her denuded body was discovered in a paddy field belonging to Harikrishna Sharma. Her personal belongings, including her slippers, water canister, and underwear, were found scattered in an adjacent field cultivated by the ac...
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Supreme Court Rules :Landowners Can’t Get Uniform Compensation for Power Lines
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :Landowners Can’t Get Uniform Compensation for Power Lines

The Supreme Court set aside the High Court's judgment for failing to properly assess compensation under the Indian Telegraph Act, 1885. It emphasized that compensation must be determined based on location-specific evidence and remanded the cases. The Court also highlighted the absence of a statutory appeal mechanism against orders of the District Judge and referred the issue to the Law Commission for examination. Facts Of The Case: A power transmission project titled "400 KV Jhajjar Power Transmission System-PPP-1" was initiated by HVPNL in Haryana. Jhajjar KT Transco Private Limited (JKTPL) was awarded the project, which sub-contracted the erection work to Kalpataru Power Transmission Ltd. The 100 km-long transmission line passed through land in four districts, including Sonepat and Jha...
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Supreme Court Clarifies Limits of SC/ST Act: No Prosecution Without Caste-Based Intent
18Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Limits of SC/ST Act: No Prosecution Without Caste-Based Intent

The Supreme Court dismissed the appeal, upholding the High Court's quashing of proceedings under the SC/ST (Prevention of Atrocities) Act, 1989. It ruled that mere allegations of caste-based malice were insufficient without concrete evidence. The Court emphasized that prosecution under the Act requires proof of intent linked to the victim's caste, preventing misuse for personal vendettas. Legal infirmities in the complaint and lack of prima facie case justified the quashing under Section 482 CrPC. Facts Of The Case: The case originated from a land allotment dispute in Duvva village, where the appellant, Konde Nageshwar Rao, alleged that Respondent No. 2, the Mandal Revenue Officer (MRO), manipulated the allotment of plots reserved for Scheduled Caste (SC) beneficiaries to upper-caste ind...
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Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds
18Aug By The Legal ChamberNo Comments
Supreme Court

Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds

The Supreme Court ruled that a second quashing petition under Section 482 CrPC is impermissible if based on grounds available during the first petition, as it effectively amounts to a review barred under Section 362 CrPC. The Court emphasized that inherent powers cannot override statutory prohibitions, preventing abuse of legal process through successive petitions. The judgment reaffirmed that change in circumstances or new grounds must be demonstrated for entertaining subsequent quashing petitions, ensuring judicial discipline and preventing harassment via repetitive litigation. The High Court's order allowing a second petition was set aside, restoring the criminal complaint for trial. Facts Of The Case: The case involves a dispute between the appellant, M.C. Ravikumar, and the respon...
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