Tag: legal precedent

Supreme Court Landmark Ruling: Order Rejecting Plaint Under Order VII Rule 11 is Appealable as a Decree
29Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Order Rejecting Plaint Under Order VII Rule 11 is Appealable as a Decree

The Supreme Court held that an order rejecting a plaint under Order VII Rule 11 of the CPC is a decree under Section 2(2). Consequently, such an order is appealable under Section 13(1A) of the Commercial Courts Act, 2015, as it constitutes a final adjudication, not merely an interlocutory order restricted by the proviso. Facts Of The Case: The appellant, MITC Rolling Mills Private Limited, filed a commercial suit before the Commercial Court. The respondents, M/s. Renuka Realtors and others, filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint. Their ground was that the appellant had not undertaken the mandatory Pre-Institution Mediation and Settlement (PIMS) as required under Section 12A of the Commercial Courts Act, 2015. The...
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Right to Privacy Prevails: Supreme Court Rejects Forced DNA Test in Paternity Dispute
29Jan By The Legal ChamberNo Comments
Supreme Court

Right to Privacy Prevails: Supreme Court Rejects Forced DNA Test in Paternity Dispute

In this Supreme Court judgment, the Supreme Court ruled that a DNA test cannot be ordered as a matter of routine. It emphasized that the conclusive presumption of a child's legitimacy under Section 112 of the Indian Evidence Act can only be displaced by proving "non-access." Absent such proof and a direct nexus to the alleged offence, forced testing violates the right to privacy and bodily autonomy. Facts Of The Case: Respondent No. 1, Kamar Nisha, was married to Abdul Latheef in 2001. Latheef, suffering from a skin ailment, was successfully treated by the appellant, Dr. R. Rajendran. Latheef confided in the doctor about his lack of progeny, leading to a request for medical assistance for his wife. Following this, an extramarital relationship developed between the appellant and...
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Supreme Court Reiterates: No Forest Land Acquisition Without Proper Notice
28Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reiterates: No Forest Land Acquisition Without Proper Notice

This Supreme Court judgement reinforces that for land to vest as a "private forest" under the Maharashtra Private Forests Acquisition Act, 1975, a valid notice under Section 35(3) of the Indian Forest Act must be properly served on the owner, initiating a live statutory process. Mere issuance or a stale, dormant notice from decades past is insufficient to trigger acquisition. The Supreme Court underscored strict compliance with this mandatory procedure and the binding nature of its precedent under Article 141 of the Constitution. Facts Of The Case: The appellants are landowners in Maharashtra whose properties were claimed by the State to have been declared "private forests" and automatically vested in the government on 30 August 1975 under the Maharashtra Private Forests Acqu...
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From Legal Dead End to Fresh Hope: Supreme Court’s Blueprint for Stalled Housing Projects
28Jan By The Legal ChamberNo Comments
Supreme Court

From Legal Dead End to Fresh Hope: Supreme Court’s Blueprint for Stalled Housing Projects

The Supreme Court constituted a one-judge committee under a retired High Court Judge to investigate and resolve the complex issues surrounding the stalled housing project. The committee will verify genuine allottees, devise a mechanism for partial lease restoration with GNIDA, determine proportional dues, and formulate a comprehensive plan for the project's completion. Facts Of The Case: In 2005, Golf Course Sahkari Awas Samiti (GCSAS) was allotted land in Greater Noida for a group housing project. The Samiti engaged a private developer, M/s Shiv Kala Developers, to build a luxury complex named "Shiv Kala Charms." Prospective homebuyers, including the petitioners, booked flats and availed bank loans, which were disbursed directly to the Samiti. However, the Samiti and develop...
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Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling
21Jan By The Legal ChamberNo Comments
Supreme Court

Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling

The Supreme Court held that the constitutional mandate under Article 22(1) requires the grounds of arrest to be furnished in writing to the arrestee in a language they understand, without exception, for all offences. Failure to do so renders the arrest and subsequent remand illegal, subject to a limited exception for certain in-the-moment offences where written grounds must be supplied at least two hours before the remand hearing. Facts Of The Case: On July 7, 2024, a white BMW, allegedly driven at high speed by Mihir Rajesh Shah, collided violently with a scooter from behind in Worli, Mumbai. The impact threw the scooter's male rider to the side and trapped his wife under the front left wheel and bumper of the car. Despite this, the driver allegedly continued driving, draggi...
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Supreme Court Sets Aside Quashing of Dowry Case, Reiterates Limits of High Court’s Power
21Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sets Aside Quashing of Dowry Case, Reiterates Limits of High Court’s Power

The Supreme Court held that the High Court erred in quashing criminal proceedings under Section 482 CrPC by conducting a "mini-trial" on the credibility of allegations. The power to quash an FIR is to be exercised sparingly and only when allegations, taken at face value, disclose no cognizable offence. The existence of prima facie allegations necessitates permitting the investigation to proceed. Facts Of The Case: The appellant, Muskan, married respondent No. 1, Ishaan Khan, on 20.11.2020. After five to six months of marriage, she alleged that her husband and his family (respondents 1 to 5) began harassing and taunting her for insufficient dowry. Specific incidents included being slapped by her brother-in-law on 22.07.2021 and, on 27.11.2022, her husband demanding Rs. 50 lakhs from h...
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Key Takeaway from Supreme Court Judgement: Only CBI Can Appeal in CBI-Investigated Cases, Not State Govt
21Jan By The Legal ChamberNo Comments
Supreme Court

Key Takeaway from Supreme Court Judgement: Only CBI Can Appeal in CBI-Investigated Cases, Not State Govt

The Supreme Court upheld the legal principle from Lalu Prasad Yadav that only the Central Government, not a State Government, can file an appeal against an acquittal in cases investigated by the CBI. It also ruled that a victim's right to appeal under Section 372 CrPC is prospective, applying only to acquittals passed after December 31, 2009. Facts Of The Case: On June 4, 2003, Ramavatar Jaggi, a political leader, was murdered in Raipur. The local police initially investigated and filed a chargesheet against several accused. Dissatisfied, the victim's son secured a transfer of the case to the CBI. The CBI, after further investigation, filed a fresh chargesheet alleging a conspiracy and implicated Amit Jogi, the son of the then Chief Minister. In 2007, the trial court convicte...
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No Hiding Criminal Past: Supreme Court Says Undisclosed Conviction Makes Election Null & Void
20Jan By The Legal ChamberNo Comments
Supreme Court

No Hiding Criminal Past: Supreme Court Says Undisclosed Conviction Makes Election Null & Void

The Supreme Court held that a candidate's non-disclosure of a subsisting criminal conviction in the mandatory election affidavit, as required under Rule 24-A of the relevant rules, constitutes a fundamental breach. This failure vitiates the nomination process itself, rendering the election void under Section 22(1)(d) of the M.P. Municipalities Act, as it violates the voters' constitutional right to informed choice under Article 19(1)(a). Facts Of The Case: The petitioner, Poonam, was elected as a Councillor from Ward No. 5 of Nagar Parishad, Bhikangaon in October 2022. However, her election was challenged by the first respondent, Dulesingh, on the ground that she had failed to disclose a previous conviction in her nomination affidavit. Specifically, on August 7, 2018, Poonam ...
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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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