Tag: procedural law

Supreme Court on Legal Metrology: No Search or Seizure Without “Reasons to Believe” & Independent Witnesses
2Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court on Legal Metrology: No Search or Seizure Without “Reasons to Believe” & Independent Witnesses

The Supreme Court held that inspection, search, and seizure under Section 15 of the Legal Metrology Act, 2009, must comply with the mandatory procedural safeguards of the Cr.P.C., including recording "reasons to believe" and the presence of independent witnesses under Section 100(4). Non-compliance with these statutory procedures vitiates the entire action, rendering it illegal and unsustainable. Facts Of The Case: The appellant, ITC Limited, maintained a warehouse for its 'Classmate' brand stationery. On July 2, 2020, Legal Metrology officers inspected these premises without a warrant and seized 7600 packages of exercise books for an alleged violation of Rule 24 of the Legal Metrology (Packaged Commodities) Rules, 2011. The appellant challenged this action before the Karnataka High Cour...
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Delayed Counter-Claim for Specific Performance Dismissed by Supreme Court
1Nov By The Legal ChamberNo Comments
Supreme Court

Delayed Counter-Claim for Specific Performance Dismissed by Supreme Court

This Supreme Court judgment clarifies that a counter-claim under Order VIII Rule 6A of the CPC must be filed against the plaintiff, not solely against a co-defendant. Furthermore, while no specific time limit is prescribed, a counter-claim cannot be permitted after the framing of issues in the suit, as it defeats the purpose of speedy justice and procedural efficiency. Facts Of The Case: The appellant, Rajul Manoj Shah, filed a suit in 2012 concerning a bungalow she jointly owned with her sister-in-law (defendant no.1). She sought a declaration that her sister-in-law had no right to transfer the property and to nullify an Agreement to Sell dated 21.10.2011 executed in favor of respondent no.1, Kiranbhai Patel (defendant no.2). After the sister-in-law passed away in ...
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Supreme Court Rules: Time-Barred Tax Assessments Cannot Be Revived
28Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Time-Barred Tax Assessments Cannot Be Revived

The Supreme Court held that Section 21 of the Assam General Sales Tax Act, 1993, which permits a four-year extension for assessment with the Commissioner's sanction, applies only where no assessment was ever made within the original limitation period. It cannot be invoked to resurrect an assessment that was already completed and subsequently declared time-barred under Section 19. The Court emphasized a strict interpretation of fiscal statutes, ruling that the revenue cannot tax a subject by inference if the case falls outside the provision's four corners. Facts Of The Case: The case involved M/s. Shiv Steel challenging reassessment orders for the financial years 2003-2004, 2004-2005, and 2005-2006 under the Assam General Sales Tax Act, 1993. The initial assessments for these years were c...
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Supreme Court Landmark Ruling: Proprietor and His Business Are Not Separate Legal Entities
30Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Proprietor and His Business Are Not Separate Legal Entities

The Supreme Court held that a proprietorship concern is not a juristic person and a suit filed against the proprietor personally is maintainable. Order XXX Rule 10 of the CPC is merely enabling and does not bar a suit against the proprietor, who remains the real party in interest for all transactions conducted in the trade name. Facts Of The Case: The appellants, owners of a property, leased it to Aditya Motors, a sole proprietorship concern of respondent Pilla Durga Prasad, via a registered lease deed. After the lease expired, the lessee failed to vacate, prompting the appellants to file an eviction suit. The original suit named the lessee as defendant no.1 (Aditya Motors), along with the sub-lessee and its directors. During the proceedings, the appellants amended the plaint, substituti...
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Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Ruling on Curing Defects in Petition Affidavits :Simplifying Election Laws

This Supreme Court judgment clarifies that non-compliance with the affidavit requirement under Section 83(1)(c) of the Representation of the People Act, 1951, is not automatically fatal. Following the precedent in G.M. Siddeshwar, the Supreme Court held that 'substantial compliance' with Form 25 suffices, and defects are generally curable. The matter was remanded to the High Court to determine if the affidavit in question substantially complied with the statutory requirements and whether the defects could be rectified. Facts Of The Case: The case arose from the General Elections to the Odisha Legislative Assembly for the 07-Jharsuguda Constituency, held in 2024. The appellant, Tankadhar Tripathy, was declared the elected candidate, winning by a margin of 1,333 votes. The respondent, Dipa...
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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 Landmark Ruling: Legal Heir Can Continue Criminal Appeal if Original Victim Dies
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Legal Heir Can Continue Criminal Appeal if Original Victim Dies

This Supreme Court judgment clarifies that the legal right of a victim to prefer an appeal under Section 372 CrPC includes the right to prosecute it. The Supreme Court held that upon the death of the original victim-appellant, their legal heir is entitled to be substituted to continue the appeal, ensuring the victim's statutory right is not extinguished. Facts Of The Case: On December 9, 1992, an attack occurred stemming from previous enmity. The accused persons, armed with guns, sharp weapons, and bricks, assaulted informant Tara Chand (PW-1), his brother Virendra Singh, and his son Khem Singh (PW-3). As a result, Virendra Singh died, while Tara Chand and Khem Singh sustained injuries. The specific roles attributed were that accused Ashok fired at Virendra Singh, accused Pramod fi...
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Wake-Up Call for Courts: Supreme Court Says Long Delays Can Create New Rights in Property Disputes
18Sep By The Legal ChamberNo Comments
Supreme Court

Wake-Up Call for Courts: Supreme Court Says Long Delays Can Create New Rights in Property Disputes

The Supreme Court set aside the High Court's order condoning a delay of 5,250 days in filing a restoration application. It held that courts must be cognizant of third-party rights created during prolonged delays and that such condonation requires reasoned orders after hearing affected parties, who may be impleaded. The matter was remanded for fresh consideration. Facts Of The Case: The case originated from a suit for eviction filed by Mafatlal Mangilal Kothari and another (Respondent Nos. 1 and 2) against the defendants concerning a disputed property. The Trial Court dismissed the suit in 1988, prompting the plaintiffs to file a First Appeal. This appeal was admitted by the Bombay High Court in 1989 but was eventually listed in 2008, where the Court passed an order stating that if the co...
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Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

The Supreme Court acquitted the accused, ruling that the mere recovery of tainted money is not conclusive proof of guilt under the Prevention of Corruption Act. The prosecution failed to prove the crucial element of demand beyond a reasonable doubt. The accused's plausible explanation under Section 313 CrPC was entitled to the benefit of doubt. Facts Of The Case: The case involved an appeal against the conviction of a Lower Division Clerk at the Passport Office, Thiruvananthapuram, under the Prevention of Corruption Act, 1988. The prosecution's case was that the accused demanded an additional ₹500 as a bribe from the complainant to expedite his passport application. After negotiation, an initial gratification of ₹200 was to be paid along with the official ₹1000 fee. The Cen...
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No Grace Marks: Supreme Court Shuts Down Plea from UP Lekhpal Candidates After Answer Key Change
16Sep By The Legal ChamberNo Comments
Supreme Court

No Grace Marks: Supreme Court Shuts Down Plea from UP Lekhpal Candidates After Answer Key Change

The Supreme Court held that applications challenging exam answers filed after the cut-off date (21.11.2023) were barred by its prior order and thus dismissed. However, it allowed applications that were pending as of 24.04.2025, restoring them for re-evaluation benefits, while rejecting claims for grace marks as impermissible after a court-directed re-evaluation. Facts Of The Case: The case arose from a dispute concerning the Uttar Pradesh Revenue Lekhpal examination conducted in 2021-22 by the Uttar Pradesh Subordinate Service Selection Commission. The initial litigation focused on the correctness of specific questions, notably Question No. 88 in Booklet Series 'F'. The Supreme Court, in an order dated 21.11.2023, directed that answer 'D' be treated as correct for this question and order...
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