Tag: Indian judiciary.

Supreme Court Overturns 11-Year Delay Condonation, Sets New Precedent on Limitation Law
1Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns 11-Year Delay Condonation, Sets New Precedent on Limitation Law

This Supreme Court judgment clarifies that the expression "within such period" in Section 5 of the Limitation Act, 1963 requires a party to explain the delay for the entire period from when the limitation period commenced until the actual filing date, not just the period after the limitation expired. It overrules the narrower interpretation in Rewa Coalfields and aligns with the view that "sufficient cause" must be shown for the full duration of the delay, emphasizing that the State is not entitled to preferential treatment in condonation matters. Facts Of The Case: The case originates from a dispute over a parcel of land. The appellant, Shivamma, became the absolute owner of the land, including a 4-acre portion, through a compromise decree in 1989. However, the Karnataka Housing Board (...
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Delayed Counter-Claim for Specific Performance Dismissed by Supreme Court
1Nov By The Legal ChamberNo Comments
Supreme Court

Delayed Counter-Claim for Specific Performance Dismissed by Supreme Court

This Supreme Court judgment clarifies that a counter-claim under Order VIII Rule 6A of the CPC must be filed against the plaintiff, not solely against a co-defendant. Furthermore, while no specific time limit is prescribed, a counter-claim cannot be permitted after the framing of issues in the suit, as it defeats the purpose of speedy justice and procedural efficiency. Facts Of The Case: The appellant, Rajul Manoj Shah, filed a suit in 2012 concerning a bungalow she jointly owned with her sister-in-law (defendant no.1). She sought a declaration that her sister-in-law had no right to transfer the property and to nullify an Agreement to Sell dated 21.10.2011 executed in favor of respondent no.1, Kiranbhai Patel (defendant no.2). After the sister-in-law passed away in ...
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Supreme Court Rules: Time-Barred Tax Assessments Cannot Be Revived
28Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Time-Barred Tax Assessments Cannot Be Revived

The Supreme Court held that Section 21 of the Assam General Sales Tax Act, 1993, which permits a four-year extension for assessment with the Commissioner's sanction, applies only where no assessment was ever made within the original limitation period. It cannot be invoked to resurrect an assessment that was already completed and subsequently declared time-barred under Section 19. The Court emphasized a strict interpretation of fiscal statutes, ruling that the revenue cannot tax a subject by inference if the case falls outside the provision's four corners. Facts Of The Case: The case involved M/s. Shiv Steel challenging reassessment orders for the financial years 2003-2004, 2004-2005, and 2005-2006 under the Assam General Sales Tax Act, 1993. The initial assessments for these years were c...
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Marksheet Tampering Case: Supreme Court Sets Aside Conviction, Criticizes Lack of Forensic Proof
28Oct By The Legal ChamberNo Comments
Supreme Court

Marksheet Tampering Case: Supreme Court Sets Aside Conviction, Criticizes Lack of Forensic Proof

The Supreme Court overturned the conviction, holding that the prosecution failed to prove the appellant's authorship of the alleged forgery beyond a reasonable doubt. The absence of expert evidence on handwriting, lack of proof of exclusive custody of the documents, and the failure to establish mens rea were fatal to the case. The court also noted prejudicial non-compliance with Section 313 CrPC. Facts Of The Case: The appellant, a student pursuing a Bachelor of Social Work, had failed her compulsory English paper in the 1998 summer session examinations, securing only 10 marks upon revaluation. To gain admission to the third-year course (BSW Part-III), she submitted her original mark-sheet and the revaluation notification to her college. The admission clerk and the principal verified the...
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Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain
28Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Police Must Register FIR on Cognizable Offence, Can’t Wait for Victim to Complain

In a significant ruling on police accountability, the Supreme Court reiterated that under Section 154 of the CrPC, registration of an FIR is mandatory when information discloses a cognizable offence. The Court held that police inaction in such a scenario constitutes a dereliction of duty, and officers cannot avoid this statutory obligation by citing the victim's failure to formally pursue the matter. Facts Of The Case: The case originated from the communal riots in Akola, Maharashtra, on May 13, 2023. The appellant, Mohammad Afzal, a 17-year-old minor, claimed that while returning home, he witnessed four unknown individuals brutally assaulting Vilas Gaikwad in an auto-rickshaw, mistaking him for a Muslim. The assailants then turned on Afzal, damaging his vehicle and attacking him on the ...
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Supreme Court Overturns Death Penalty, Acquits Accused in Child Rape-Murder Case Due to Flawed Evidence
28Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Death Penalty, Acquits Accused in Child Rape-Murder Case Due to Flawed Evidence

This Supreme Court judgment acquits the appellants, holding that in a case based purely on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances conclusively pointing to guilt. The Court found the evidence—including motive, last seen theory, and DNA reports—to be unreliable, incomplete, and failing to meet the standard of proof beyond a reasonable doubt required for a conviction, let alone the death penalty. Facts Of The Case: On November 20, 2014, a minor girl went missing from a wedding function at Sheeshmahal in Ramlila Maidan, Kathgodam, Uttarakhand. Her father lodged a missing report the next day. After an extensive search, her body was discovered on November 25, 2014, in a forest near the Gaula River, close to the venue. The post-mor...
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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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Justice Must Be Seen to Be Done: Supreme Court Allows Investigation into CBI Officers’ Conduct
27Oct By The Legal ChamberNo Comments
Supreme Court

Justice Must Be Seen to Be Done: Supreme Court Allows Investigation into CBI Officers’ Conduct

The Supreme Court upheld the High Court's direction to register an FIR, ruling that if a complaint prima facie discloses a cognizable offence, the police are mandatorily obligated to register it under Section 154 CrPC. A preliminary inquiry report cannot oust this statutory duty or the constitutional court's power to direct an investigation, as its findings are not conclusive. The veracity of the allegations must be tested through a proper investigation. Facts Of The Case: The case originated from two separate writ petitions filed before the Delhi High Court by Sheesh Ram Saini and Vijay Aggarwal. They sought directions for the registration of an FIR against two CBI officers, Vinod Kumar Pandey and Neeraj Kumar, alleging serious misconduct. The allegations against the officers included t...
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Supreme Court Says Failure in Treatment Isn’t Always Negligence :A Landmark Ruling for Doctors
27Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Says Failure in Treatment Isn’t Always Negligence :A Landmark Ruling for Doctors

The Supreme Court held that consumer fora cannot travel beyond the pleadings to construct a new case for the complainant. It emphasized that medical negligence cannot be presumed merely because of an adverse treatment outcome. The Court ruled that the NCDRC overstepped its jurisdiction by basing its finding on antenatal care negligence, which was never pleaded by the complainant, and set aside the order. Facts Of The Case: A patient, Charanpreet Kaur, died from atonic Post-Partum Haemorrhage (PPH) hours after delivering a stillborn child at Deep Nursing Home, Chandigarh, under the care of Dr. Kanwarjit Kochhar. Her husband, Manmeet Singh Mattewal, filed a consumer complaint alleging medical negligence specifically in the post-delivery treatment. He contended the nursing home was il...
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Lawyer’s Reputation Restored: Supreme Court Wipes Clean High Court’s “Professional Impropriety” Remark
27Oct By The Legal ChamberNo Comments
Supreme Court

Lawyer’s Reputation Restored: Supreme Court Wipes Clean High Court’s “Professional Impropriety” Remark

The Supreme Court expunged adverse remarks made by the High Court against an advocate, holding that such observations could have been avoided. The Court considered the possibility of a bona fide omission by the counsel, who was not involved in the connected case, and ruled that the expunction of the adverse comments was warranted in the circumstances of the case. Facts Of The Case: The appellant, an advocate named Siddharth Gupta, filed a writ petition before the High Court of Madhya Pradesh on behalf of his clients. During the proceedings, he relied upon a decision of the Supreme Court in the case of Index Medical College Hospital & Research Centre. The Division Bench of the High Court, in its final order, made adverse observations against the appellant, noting that his conduct "bor...
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