presumption - The Legal Chamber

The Supreme Court held that the High Court exceeded its jurisdiction under Section 100 CPC by interfering with the first appellate court's findings of fact, particularly regarding additional payment and the plaintiff's readiness and willingness. The Court reiterated that time is not ordinarily the essence in immovable property contracts and that acceptance of further payment post-deadline constitutes a waiver of the right to forfeit earnest money, making the suit for specific performance maintainable without a separate declaratory relief. Facts Of The Case: The appellant, Annamalai, entered into a registered sale agreement dated 08.01.2010 with Saraswathi (D-1) and Dharmalingam (D-2) for two property items. The total consideration was Rs. 4,80,000, of which Rs. 4,70,000 was paid as a...

The Supreme Court acquitted the appellant, ruling that a conviction under Section 411 IPC for dishonestly receiving stolen property is legally unsustainable once the accused stands acquitted of the primary offence of theft under Section 379 IPC. The Court further held that the burden of proof lies entirely on the prosecution and cannot be reversed onto the accused. Facts Of The Case: The case originated from the disappearance and suspected murder of M. Narsalah on December 22, 2005, after he traveled to Warangal to collect outstanding business dues of approximately ₹2.92 lakh. When his phone was switched off, his cousin filed a missing person's report. The prosecution alleged that Narsalah's former employer and business rival, Accused-Moulana, murdered him, stole the cash, and enlisted t...

Tag: presumption

Supreme Court Rules :You Can’t Be Guilty of Handling Stolen Goods If There Was No Theft