Tag: Limitation

Daughter’s Coparcenary Rights Upheld: Supreme Court Sets Aside Review Order
11Oct By The Legal ChamberNo Comments
Supreme Court

Daughter’s Coparcenary Rights Upheld: Supreme Court Sets Aside Review Order

The Supreme Court held that the High Court exceeded its limited review jurisdiction under Section 114 and Order 47 of the CPC. A review cannot re-appreciate evidence or reverse findings as an appeal would. The order under review did not correct a patent error but substituted a view, which is impermissible in review proceedings. Facts Of The Case: The case originated from a partition suit (O.S. No. 192 of 2000) filed by Subramani against his father, Munusamy Naidu, concerning ancestral properties. An ex-parte preliminary decree was passed in 2003, dividing the property into two equal shares. The Appellant, Malleeswari, who is the daughter of Munusamy Naidu, was not initially impleaded in this suit. Subsequent to the decree, her father executed a sale deed in favor of the first respo...
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Supreme Court Says No :Can You Change Your Mind After Cashing the Cheque?
9Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Says No :Can You Change Your Mind After Cashing the Cheque?

The Supreme Court dismissed the appeal, upholding the rejection of a time-barred review petition. It affirmed the legal principle that a party cannot "approbate and reprobate"—they cannot accept a benefit under an order and later challenge it. A party who voluntarily accepts compensation with full knowledge is bound by their conduct and cannot subsequently resile from it. Facts Of The Case: In a motor accident claim case concerning the death of Priyank Chand, the Motor Accident Claims Tribunal awarded a total compensation of approximately Rs. 11.82 lakh to his legal heirs: his mother (Urmila Chand, the appellant), his wife (Sonu Chand), and his two minor children. Upon a joint application filed by all claimants, including Urmila, the Tribunal passed a disbursement order on 21.04.2015. As...
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Supreme Court Ruling: Port Tariffs Must Be Set By Experts, Not Arbitrators
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Port Tariffs Must Be Set By Experts, Not Arbitrators

The Supreme Court held that tariff fixation for port facilities is a technical and expert-driven function, best adjudicated by specialized bodies like TAMP. It emphasized that contractual agreements cannot override statutory tariff-setting mechanisms under the Major Port Authorities Act, 2021. The Court remanded the matter to TAMP for fresh determination, underscoring the need for expert appraisal of tariff revisions and compliance with natural justice. Facts Of The Case: A bilateral agreement was executed in 1985 between Paradip Port Trust (now Authority) and Paradeep Phosphates Ltd. (PPL), then a public sector unit, for the exclusive use of a captive fertilizer berth. The agreement stipulated a tariff schedule, with a clause for future mutual enhancement. In 1993, the Port unilaterally...
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Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists

The Supreme Court held that certified copies of municipal documents, duly certified under Section 376 of the Karnataka Municipalities Act, 1964, carry the same evidentiary value as originals. The failure of the Municipal Council to produce original records despite court orders justified drawing an adverse inference, and a registered sale certificate cannot be invalidated by a mere administrative resolution. Facts Of The Case: The dispute concerned two plots, No. 394 and 395, auctioned by the City Municipal Council (CMC). Respondent No. 2, Prabhudeva, purchased plot No. 395 in a 1973 auction, but his 1988 sale deed erroneously mentioned plot No. 394. Upon realizing this mistake, he applied for rectification in 1992. The CMC's Junior Engineer inspected the site and confirmed the error, lea...
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Land Sale Void If Society’s Charge Not Cleared: Supreme Court Explains Legal Consequence
14Jun By The Legal ChamberNo Comments
Supreme Court

Land Sale Void If Society’s Charge Not Cleared: Supreme Court Explains Legal Consequence

The Supreme Court dismissed an appeal, affirming that a plaintiff cannot benefit from their own wrong. The Court held that an alienation of charged property, even if voidable, can only be challenged by the aggrieved society, not the member-loanee who committed the breach. Subsequent release of the charge validated the sale, and the reconveyance deed was deemed invalid due to lack of stamp paper, registration, and crucial terms. Facts Of The Case: The case originated from Special Civil Suit No. 49/1973, filed by the original plaintiff, Machhindranath, seeking possession and reconveyance of ancestral agricultural land, Survey No. 30, admeasuring 15 Acres and 17 Guntha, located in Village Kendal Bk., Taluka Rahuri, Ahmednagar, Maharashtra. The plaintiff had obtained a loan from Kendal Bk....
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