Tag: judicial error

Supreme Court: Death of Appellant Before Hearing Renders Appellate Judgment Void
20Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Death of Appellant Before Hearing Renders Appellate Judgment Void

The Supreme Court held that a decree passed in favor of deceased appellants, whose legal heirs were not substituted, is a nullity. Consequently, the original trial court decree revives and is executable, as a null appellate decree cannot supersede a valid prior decree. Facts Of The Case: The legal heirs of Arjunrao Thakre filed a civil suit challenging the re-allotment of his agricultural land to defendants 3 to 5. The trial court decreed the suit in 2006, declaring the plaintiffs as owners and the subsequent allotment illegal. Defendants 4 and 5 appealed. During the pendency of this first appeal, both appellants died—defendant 4 in 2006 and defendant 5 in 2010—but their legal heirs were never brought on record. Unaware of the deaths, the first appellate court heard and partl...
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Specific Performance Suit Fails: Supreme Court Explains Why Buyer Must Vacate Despite Long Possession
4Dec By The Legal ChamberNo Comments
Supreme Court

Specific Performance Suit Fails: Supreme Court Explains Why Buyer Must Vacate Despite Long Possession

The Supreme Court affirmed the executability of a warrant of possession, ruling that a party who receives substantial monetary compensation in lieu of specific performance cannot retain possession of the property. The Court held that equity prevents unjust enrichment and that execution proceedings exist to enforce judgments, not to facilitate windfalls for unscrupulous litigants. Facts Of The Case: On 12.06.1989, the defendants agreed to sell a property to the plaintiff for ₹14,50,000, with ₹25,000 paid as earnest money. Possession of the vacant ground floor was handed over to the plaintiff. In 1990, the plaintiff first filed and withdrew a suit for permanent injunction. Subsequently, in June 1990, the plaintiff filed a suit for specific performance, which was decreed by the Trial Court ...
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Fabricated Documents Can’t Validate a Sale, Rules Supreme Court in Insolvency Case
19Nov By The Legal ChamberNo Comments
Supreme Court

Fabricated Documents Can’t Validate a Sale, Rules Supreme Court in Insolvency Case

The Supreme Court held that for a sale by an Official Receiver to be protected under Section 37 of the Provincial Insolvency Act, 1920 upon annulment, the underlying transaction must be valid and attain finality. A transfer based on a fundamentally flawed and fabricated agreement is not a "duly made" disposition and does not survive the annulment of insolvency, requiring the property to revert to the debtor. Facts Of The Case: The case originated from a partnership firm, M/s Gavisiddheshwara & Co. Following the death of partner Singamasetty Subbarayudu, his son (the appellant) was inducted. Due to family indebtedness, the appellant was alleged to have offered his inherited one-anna share for sale via a letter. Respondent Allam Karibasappa claimed to have accepted this offer, assertin...
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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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Witness Protection vs. Bail Cancellation: Supreme Court Explains the Crucial Difference
7Oct By The Legal ChamberNo Comments
Supreme Court

Witness Protection vs. Bail Cancellation: Supreme Court Explains the Crucial Difference

This Supreme Court judgment clarifies the distinct legal roles of bail cancellation and the Witness Protection Scheme, 2018. The Supreme Court held that the Scheme is a curative measure to protect witnesses, while bail cancellation is a judicial remedy for violations of bail conditions. The existence of the Scheme cannot be a ground to deny cancellation of bail when an accused intimidates witnesses, as these are separate legal avenues serving different purposes. Facts Of The Case: The case originated from an FIR (No. 137 of 2022) lodged by the appellant, Phireram, for offences including murder and conspiracy under the IPC. The accused were arrested and subsequently granted bail by the High Court, subject to specific conditions prohibiting them from threatening witnesses or tampering with...
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Supreme Court Landmark Ruling: Additional Evidence in Appeals Must Align with Pleadings
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Additional Evidence in Appeals Must Align with Pleadings

The Supreme Court held that an appellate court must examine the pleadings of the party seeking to lead additional evidence under Order XLI Rule 27(1) CPC. Permission to adduce such evidence cannot be granted unless the case sought to be established is already pleaded. The matter was remanded for reconsideration on this legal principle. Facts Of The Case: The plaintiffs, Iqbal Ahmed and another, filed a suit for specific performance of an agreement to sell dated 20.02.1995 against the defendant, Abdul Shukoor. The plaintiffs claimed they had agreed to purchase the defendant's house property for ₹10,67,000, having paid ₹5,00,000 as advance. They pleaded that they had sold their own immovable properties to arrange the funds for this purchase and were always ready and willing to perform thei...
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Supreme Court Recalls Its Own Order Against a Judge, Upholds High Court Chief Justice’s Authority
11Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Recalls Its Own Order Against a Judge, Upholds High Court Chief Justice’s Authority

The Supreme Court, while deleting specific administrative directions against a High Court judge upon the CJI's request, reaffirmed its supervisory jurisdiction under Article 136. It emphasized that persistent judicial errors raising institutional concerns compel the Court to intervene to protect the rule of law and maintain the judiciary's dignity and credibility. Facts Of The Case: The case originated from a Special Leave Petition filed by M/s Shikhar Chemicals challenging an order passed by the Allahabad High Court. The Supreme Court, in its order dated 4th August 2025, found the High Court's judgment to be erroneous. Consequently, it set aside the impugned order and remanded the matter back to the High Court for a fresh consideration on the merits. The apex court's directive i...
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Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes
8Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes

The Supreme Court overturned a bail order, ruling that the High Court failed to apply correct legal principles under Section 389 CrPC for suspending a sentence. It emphasized that post-conviction bail in heinous offences requires a palpable prima facie case for acquittal, not a re-appreciation of evidence or conjectural reasoning. Facts Of The Case: In a case originating from Rajasthan, the prosecutrix, a 14-year-old girl, testified that on June 13, 2023, Respondent No. 2 accosted her at gunpoint while she was defecating in a field. He covered her mouth, forcibly took her to a nearby abandoned house, and raped her. She immediately reported the incident to her family, and her father filed an FIR. The Trial Court convicted Respondent No. 2 under the POCSO Act and sentenced him to 20 years ...
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Justice Delayed is Justice Denied: Supreme Court Orders Fresh Bail Hearing for Convict
8Sep By The Legal ChamberNo Comments
Supreme Court

Justice Delayed is Justice Denied: Supreme Court Orders Fresh Bail Hearing for Convict

The Supreme Court reiterated the legal principle that appellate courts should liberally suspend sentences of fixed short-term imprisonment during the pendency of an appeal to prevent the appeal itself from becoming infructuous. It held that denial requires recording exceptional, compelling reasons why release would be against public interest. Facts Of The Case: The appellant, Aasif @ Pasha, was convicted and sentenced by the Trial Court in Meerut for offences under the POCSO Act, IPC (Sections 354, 354Kha, 323, 504), and the SC/ST (Prevention of Atrocities) Act. The sentences, which included terms of four years of rigorous imprisonment for the major charges, were ordered to run concurrently. Dissatisfied with the conviction, the appellant filed a criminal appeal before the Allahabad High...
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Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

The Supreme Court held that the plaintiff failed to prove the existence of a valid sale agreement, a prerequisite for specific performance under Man Kaur v. Hartar Singh Sangha. The burden of proof was not discharged as the sole evidence was self-serving and key witnesses were not examined. The High Court's reversal of concurrent factual findings was erroneous. Facts Of The Case: The respondents (original plaintiffs) filed a suit for specific performance of an alleged sale agreement dated 12.02.1999, claiming the appellant (defendant) had agreed to sell his house for Rs. 70,000. They asserted having paid Rs. 55,000 as advance and taken possession, subsequently renting the property back to the appellant. The appellant contested the suit, denying any agreement to sell. His defense was that...
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