Tag: Indian judiciary.

Supreme Court Overrules Precedent on Power of Attorney Validity in Property Sales
11Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overrules Precedent on Power of Attorney Validity in Property Sales

The Supreme Court examined the validity of documents executed by a Power of Attorney (PoA) holder under the Registration Act, 1908. It held that a PoA holder remains an agent, not an "executant" under Section 32(a), and must comply with Sections 32(c), 33, 34, and 35 for authentication. The court disagreed with the earlier Rajni Tandon ruling, emphasizing that a PoA holder cannot bypass statutory scrutiny while executing or presenting documents for registration. The issue was referred to a larger bench for clarity. Facts Of The Case: The case revolves around the validity of an Irrevocable General Power of Attorney (GPA) dated 15.10.1990, allegedly executed by Ranveer Singh and his wife, Gyanu Bai, in favor of their tenant, G. Rajender Kumar. Using this GPA, Rajender Kumar executed three ...
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Supreme Court Protects Bank Officer’s Pension Rights: Mandates Board Consultation for Deductions
11Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Bank Officer’s Pension Rights: Mandates Board Consultation for Deductions

The Supreme Court held that under Regulation 33 of the Central Bank of India (Employees’) Pension Regulations, 1995, prior consultation with the Board of Directors is mandatory before reducing the pension of a compulsorily retired employee below the full admissible amount. The Court emphasized that pension is a constitutional right under Article 300A and cannot be curtailed without strict adherence to procedural safeguards. The word "may" in Regulation 33(1) does not grant discretion to reduce pension below two-thirds of the full amount but clarifies eligibility. The judgment clarified that clauses (1) and (2) of Regulation 33 must be read harmoniously, and any reduction in pension requires prior Board consultation, rendering post-facto approval insufficient. The High Court's interpretatio...
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DNA Mishandling Leads to Acquittal: Supreme Court Criticizes Investigation in Brutal Murder Case
11Aug By The Legal ChamberNo Comments
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DNA Mishandling Leads to Acquittal: Supreme Court Criticizes Investigation in Brutal Murder Case

The Supreme Court acquitted the accused in a double murder and rape case, ruling that the prosecution failed to establish guilt beyond reasonable doubt. The Court highlighted critical lapses, including unreliable circumstantial evidence, mishandled DNA samples, an improperly conducted Test Identification Parade, and lack of motive. It emphasized strict adherence to forensic protocols and reaffirmed that circumstantial evidence must form an unbroken chain pointing solely to the accused’s guilt. The judgment underscored the prosecution’s burden to ensure a fair investigation and maintain evidentiary integrity. Facts Of The Case: In May 2011, two young victims—Ezhil Muthalvan (D1) and Kasturi (D2)—were found brutally murdered near Suruli Falls in Tamil Nadu. D1 had left home under the prete...
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Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple
11Aug By The Legal ChamberNo Comments
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Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple

The Supreme Court granted divorce under Article 142 on the ground of irretrievable breakdown of marriage, citing 16 years of separation and failed reconciliation. It upheld the husband’s acquittal in a false cruelty case (IPC 498A) and enhanced maintenance to ₹15,000/month for the wife and child, prioritizing dignity over a defunct marital bond. Facts Of The Case: The marriage between Pradeep Bhardwaj (appellant-husband) and Priya (respondent-wife) was solemnized on 7 May 2008 in Delhi under Hindu rites. A son was born in 2009, who remained in the wife’s custody. The couple separated in October 2009, just over a year after marriage, and had been living apart for 16 years by the time of the Supreme Court’s judgment. The husband filed for divorce in 2010 under Section 13(1)(a) of the Hindu...
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Supreme Court Rules on Tenant Rights vs. Bank’s SARFAESI Powers
8Aug By The Legal ChamberNo Comments
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Supreme Court Rules on Tenant Rights vs. Bank’s SARFAESI Powers

The Supreme Court held that tenants claiming rights under unregistered agreements cannot override SARFAESI proceedings. Relying on Bajarang Shyamsunder Agarwal, it ruled that oral/unregistered tenancies cannot extend beyond one year post-Section 13(2) notice. The Court emphasized that tenants must prove prior lawful possession with documentary evidence and barred High Courts from interfering under Article 227 when statutory remedies under SARFAESI exist. The judgment reaffirms the primacy of secured creditors' rights over unsubstantiated tenancy claims. Facts Of The Case: The case involved a dispute between PNB Housing Finance Limited (Appellant) and Sh. Manoj Saha (1st Respondent) over the possession of a secured asset—a 450 sq. ft. space in Kolkata. The 1st Respondent claimed to be a t...
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Parallel Proceedings Lead to Heavy Costs: Supreme Court Slams Appellant for Hiding Facts, Upholds Environmental Compliance
8Aug By The Legal ChamberNo Comments
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Parallel Proceedings Lead to Heavy Costs: Supreme Court Slams Appellant for Hiding Facts, Upholds Environmental Compliance

The Supreme Court dismissed the appeals, upholding the NGT's decision that the petrol pump complied with environmental norms under CPCB guidelines. It imposed costs of ₹50,000 for suppressing parallel proceedings before the High Court, emphasizing judicial integrity. The Court clarified that challenges under state municipal laws remain open for independent adjudication. Facts Of The Case: The case involved a dispute over the construction of a petrol pump by Reliance BP Mobility Ltd. on Khasra No. 109/1/2 in Bhopal, Madhya Pradesh. The appellants, including Arun Kumar Sharma and others, challenged the project before the National Green Tribunal (NGT), alleging violations of environmental guidelines, including improper distance from residential areas, schools, and hospitals as per CPCB norm...
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Supreme Court Prioritizes Eyewitness Account Over Police Statement in Accident Case
7Aug By The Legal ChamberNo Comments
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Supreme Court Prioritizes Eyewitness Account Over Police Statement in Accident Case

The Supreme Court held that the High Court erred in disregarding the testimony of the eyewitness (PW-1) and documentary evidence (FIR, charge sheet) while relying on an unproven police statement (Ex-D1). It reinstated the MACT's compensation award, ruling that the insurer failed to disprove negligence by the offending vehicle's driver under Section 166 of the MV Act. The Court emphasized that non-examination of additional witnesses or delayed reporting was not fatal to the claim. Compensation of ₹12.43 lakhs was upheld, with 85% apportioned to the deceased's wife. Facts Of The Case: On September 24, 2021, Nathuram Ahirwar was riding a motorcycle with his wife (PW-1) as a pillion rider when their vehicle was allegedly hit from behind by a mini-truck (APE pickup) bearing registration MP 04...
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Supreme Court Ruling :How Non-Disclosure of Death in Court Cases Can Backfire
7Aug By The Legal ChamberNo Comments
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Supreme Court Ruling :How Non-Disclosure of Death in Court Cases Can Backfire

The Supreme Court ruled that failure to comply with Order XXII Rule 10A CPC, which mandates lawyers to inform the court about a party's death, prevents the opposing side from claiming abatement due to non-substitution of legal heirs. The Court emphasized that no party can benefit from their own wrong (nullus commodum capere potest de injuria sua propria). It clarified that procedural lapses should not override substantive justice and remanded the case for fresh consideration, highlighting the distinction between joint and indivisible decrees in abatement cases. The judgment reinforces the duty of pleaders to ensure fair litigation. Facts Of The Case: The case originated from a Title Suit No. 106 of 1984 filed by the appellants (Binod Pathak & others) before the Sub-Judge, Gopalganj, ...
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Supreme Court Rules: Companies Can Also Be ‘Victims’ in Criminal Cases
7Aug By The Legal ChamberNo Comments
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Supreme Court Rules: Companies Can Also Be ‘Victims’ in Criminal Cases

The Supreme Court ruled that a company qualifies as a "victim" under Section 2(wa) CrPC if it suffers loss or injury due to an offence, entitling it to file an appeal against acquittal under the proviso to Section 372 CrPC. The Court clarified that such appeals are independent of Section 378 CrPC and need not be restricted to cases where the victim is the complainant. The judgment reinforces the expansive interpretation of "victim" to include corporations, ensuring their right to challenge wrongful acquittals in criminal cases involving infringement or fraud. Facts Of The Case: Asian Paints Limited, a leading paint manufacturer, discovered counterfeit products being sold under its brand name at a shop owned by Ram Babu in Jaipur. The company had authorized M/s Solution, an IPR consultanc...
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Supreme Court Clarifies Compensation Rules Under MV Act: Insurer Liable Despite Negligence Claims
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Compensation Rules Under MV Act: Insurer Liable Despite Negligence Claims

The Supreme Court held that under Section 163A of the Motor Vehicles Act, 1988, proof of negligence is not required for claiming compensation, as the provision operates on a structured formula basis. The Court emphasized that compensation must be computed as per the Second Schedule of the Act, excluding non-scheduled heads like loss of love and affection. It ruled that the deceased, being a third party to the offending vehicle, entitled the claimants to compensation, payable jointly and severally by the insurer of the offending vehicle. The judgment clarified that Section 163A has an overriding effect over other provisions of the Act, ensuring expedited compensation without fault liability adjudication. Facts Of The Case: On the night of November 15, 2006, Surender Singh was driving a tr...
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