Tag: Legal Summary

Supreme Court: Civil Courts Can Hear Cases If Land is Declared Non-Agricultural During Trial
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Civil Courts Can Hear Cases If Land is Declared Non-Agricultural During Trial

The Supreme Court held that jurisdiction is determined by the nature of the land at the time of adjudication, not filing. A subsequent declaration of land as non-agricultural under the UPZALR Act during pending proceedings validates a civil court's jurisdiction, and appeals are a continuation of the original suit. Facts Of The Case: In 1970, the appellant-landlord and the predecessor of respondents 1-3 entered a registered tenancy agreement for a piece of land to establish an Indian Oil petrol pump at a monthly rent of ₹150. The tenant defaulted on rent payments from July 1972, prompting the landlord to file a suit for eviction and arrears of rent in 1974 in the Civil Court. The tenants contested the Civil Court's jurisdiction, claiming the land was agricultural and thus only the Revenue...
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Supreme Court Decides: Who Pays When a Car Insurance Policy is Cancelled?
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Decides: Who Pays When a Car Insurance Policy is Cancelled?

This Supreme Court case reaffirms the principle that an insurance policy stands rescinded upon dishonour of the premium cheque and intimation to the concerned parties, absolving the insurer from statutory liability. However, applying the "pay and recover" doctrine, the insurer was directed to pay the awarded compensation to the third-party claimants and was permitted to recover the same from the vehicle owner. Facts Of The Case: On August 22, 2005, Dheeraj Singh died when his motorcycle was hit from behind by a speeding truck (HR 46 A 1020). The deceased, a 36-year-old computer engineer, was found to be earning ₹3,364 per month. His dependents filed a claim before the Motor Accident Claims Tribunal. The appellant, National Insurance Company Ltd., disowned liability by contending that the...
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Supreme Court Rules: Vague and Omnibus Aren’t Grounds to Quash FIR If Specific Allegations Exist
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Vague and Omnibus Aren’t Grounds to Quash FIR If Specific Allegations Exist

The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC, ruling that the allegations contained specific details of dowry demands with dates and particulars, which prima facie disclosed offences under the Dowry Prohibition Act, 1961. The Court clarified that factual defences like misrepresentation are to be adjudicated at trial and cannot be grounds for quashing at the preliminary stage. Facts Of The Case: The case originated from an FIR lodged by the first appellant, Krishnakant Kwivedy, against the respondents for offences under the Dowry Prohibition Act, 1961. The complaint alleged that negotiations for the marriage between the second appellant (Kwivedy's daughter) and the fifth respondent broke down due to dowry demands. Specific allegations w...
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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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