Tag: Judgment Summary

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...
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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: High Court Cannot Grant Anticipatory Bail if FIR Discloses SC/ST Act Offence
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: High Court Cannot Grant Anticipatory Bail if FIR Discloses SC/ST Act Offence

The Supreme Court held that Section 18 of the SC/ST Act creates a statutory bar against granting anticipatory bail when a prima facie case under the Act is made out from the FIR. The court's role at this stage is limited to verifying the FIR's averments and cannot extend to a mini-trial or appreciation of evidence. The High Court erred in disregarding this bar. Facts Of The Case: The complainant, belonging to the "Mang" Scheduled Caste community, lodged an FIR alleging that on 25.11.2024, the accused, Rajkumar Jain and others, confronted him outside his home. The accused were angered because the complainant had not voted for their candidate in the recent assembly elections. They verbally abused the complainant using the casteist slur "Mangtyano," beat him with an iron rod, and threatened...
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Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case
1Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

The Supreme Court acquitted the appellant of charges under Section 498-A IPC. It held that the conviction, based solely on uncorroborated testimony of interested witnesses, was unsustainable. The Court emphasized that cruelty under Section 498-A must be proven by continuous or persistent conduct likely to drive a woman to suicide, which was not established by the prosecution evidence. Facts Of The Case: The case originated from the death of Chandra Devi, who was found deceased in her matrimonial home on June 15, 2001. Her father, Dharmanand Joshi (PW-1), filed a complaint the next day, alleging that his daughter had committed suicide by hanging. He reported seeing wounds on her body and expressed suspicion about her death, stating that the deceased had previously told him her mother-in-l...
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Supreme Court Ensures Consumer Rights Are Enforced : No More Paper Decrees
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ensures Consumer Rights Are Enforced : No More Paper Decrees

This judgment addresses an anomaly in Section 25 of the Consumer Protection Act, 1986, as amended in 2002, which inadvertently limited enforcement to "interim orders" only. The Supreme Court applied purposive interpretation to read "any order" in place of "interim order," thereby allowing enforcement of final orders as decrees under CPC Order XXI for the period 2003–2020. It also clarified that appeals against execution orders lie only to the State Commission, with no further appeal. Facts Of The Case: The appellant, Palm Groves Cooperative Housing Society Ltd., comprising flat purchasers, filed a consumer complaint against the respondent builder, M/s Magar Girme and Gaikwad Associates, alleging deficient services and seeking execution of a conveyance deed for the common areas. The Distr...
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Supreme Court Strikes Down Unilateral Arbitration Clauses, Upholds Neutral Appointments
19Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Strikes Down Unilateral Arbitration Clauses, Upholds Neutral Appointments

This Supreme Court judgment affirms that a unilateral arbitration clause granting one party the sole power to appoint an arbitrator is invalid. Following the Constitution Bench in CORE, the Court held that an ineligible person (such as a Managing Director) cannot nominate a sole arbitrator, as it raises justifiable doubts regarding impartiality under Section 12(5) of the Arbitration and Conciliation Act, 1996. Facts Of The Case: The appellant, Bhayana Builders Pvt. Ltd., filed petitions before the Delhi High Court under Section 14(2) of the Arbitration and Conciliation Act, 1996, seeking to terminate the mandate of a sole arbitrator. This arbitrator had been unilaterally appointed by the Managing Director of the respondent, Oriental Structural Engineers Pvt. Ltd., pursuant to Clause 9.03...
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Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration

The Supreme Court held that a High Court, in its revisional jurisdiction, cannot re-appreciate evidence to overturn an acquittal. It can only correct glaring errors. Finding no such error and that the dying declaration did not establish the charges, the Court restored the Trial Court's order of acquittal. Facts Of The Case: The case originated from an incident on June 14, 2005, in which a woman sustained fatal burn injuries in a fire at her marital home. Her husband (Appellant 1) and another accused (Appellant 2) were charged under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code. The prosecution alleged that the appellants harassed the deceased and that the fire was a result of a deliberate act. The core of the prosecution's case was a dying declara...
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Supreme Court Upholds Right to Shut Business, Orders ₹15 Crore Compensation for Workers
14Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Right to Shut Business, Orders ₹15 Crore Compensation for Workers

This judgment primarily interprets Section 25-O of the Industrial Disputes Act, 1947, regarding deemed closure. The Court examined if an application for closure was complete and if the State's communication constituted a valid refusal within the statutory 60-day period for deemed permission. It also considered the "appropriate Government's" role and Article 19(1)(g) (freedom of trade) implications. Facts Of The Case: The case originated from an application by Harinagar Sugar Mills Ltd. (Biscuit Division) seeking permission to close its undertaking, as required under Section 25-O of the Industrial Disputes Act, 1947. The company sought closure due to various reasons, including financial viability issues. The central dispute revolved around whether the State of Maharashtra, as the appropri...
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Supreme Court Late Payment Surcharge Valid: Coal India’s Levy Ruled as ‘Change in Law’
11Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Late Payment Surcharge Valid: Coal India’s Levy Ruled as ‘Change in Law’

The Supreme Court upheld the Appellate Tribunal for Electricity's (APTEL) ruling that a Coal India Limited (CIL) notification imposing Evacuation Facility Charges (EFC) constitutes a "change in law" event under the Power Purchase Agreement (PPA). The judgment affirmed that the power generator is entitled to compensation from the notification date with carrying cost at Late Payment Surcharge (LPS) rates on a compounding basis, based on restitutionary principles. The Court clarified that only a substantial question of law is appealable, and the supplementary bill is required only after due adjudication. Facts Of The Case: A Power Purchase Agreement (PPA) was signed on January 28, 2010, between Rajasthan Discoms and Adani Power Rajasthan Ltd. for 1200 MW. On December 19, 2017, Coal India ...
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