Tag: Remand order

Clarity in Tender Documents is Key: Supreme Court Quashes Bid Rejection Over Ambiguous Term
16Jan By The Legal ChamberNo Comments
Supreme Court

Clarity in Tender Documents is Key: Supreme Court Quashes Bid Rejection Over Ambiguous Term

The Supreme Court held that a tender condition must be explicitly stated. The rejection of a bid for not submitting a solvency certificate from a District Magistrate was invalid, as the tender notice did not specify this requirement. Authorities cannot reject a bid on grounds not stated in the tender documents. Facts Of The Case: The dispute arose from a tender floated by the Krishi Utpadan Mandi Parishad (Mandi Parishad) to lease a banquet hall and terrace lawn for ten years. The appellant, Kimberley Club Pvt. Ltd., submitted its bid alongside other parties, including the fifth respondent, who emerged as the successful bidder. The Mandi Parishad rejected the appellant's technical bid on a specific ground: the 'haisiyat praman patra' (solvency certificate) it submitted was issued b...
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Supreme Court Protects 37.5-Acre Family Plantation from Kerala Vesting Act
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects 37.5-Acre Family Plantation from Kerala Vesting Act

The Supreme Court held that the lands were exempt from vesting under Sections 3(2) & 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971. It ruled that the appellants had sufficiently proved the existence of bona fide coffee and cardamom plantations prior to the appointed date (10.05.1971), thereby removing the land from the definition of "private forest" liable to be vested in the State. Facts Of The Case: The case concerns a 37.50-acre property in South Wayanad, Kerala. The appellant, M. Jameela, and her predecessors claimed the land was developed as a coffee and cardamom plantation well before May 10, 1971—the "appointed day" under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The original owner, Imbichi Ahmed, had lawfully purchased the land...
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Supreme Court Interprets New MV Act Law: Injury Claims Survive to Legal Heirs
25Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Interprets New MV Act Law: Injury Claims Survive to Legal Heirs

This Supreme Court judgment clarifies that under Section 167(5) of the Motor Vehicles Act, 1988, inserted by Act 32 of 2019, the right to claim compensation for personal injuries survives to the legal representatives of an injured person upon their death. This survival of the cause of action is applicable irrespective of whether the death has any nexus to the accident injuries. The Court thus overruled the contrary view taken in Bhagwati Bai. Facts Of The Case: The case originated from a motor accident in which the original claimant, Dhannalal, suffered injuries that resulted in 100% disability. He initially filed for compensation before the Motor Accidents Claims Tribunal. Dissatisfied with the awarded amount, he appealed to the High Court, which enhanced the compensation. Still see...
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Supreme Court Rejects “Cryptic” Acquittal, Orders Fresh Hearing in 2002 Murder Case
7Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rejects “Cryptic” Acquittal, Orders Fresh Hearing in 2002 Murder Case

The Supreme Court set aside a High Court judgment of acquittal for being cryptic and lacking reasoning. It reiterated that a first appellate court must independently evaluate evidence and provide a reasoned order, demonstrating application of mind. The case was remanded for a fresh hearing on merits, without expressing any opinion on the case's substance. Facts Of The Case: The case originated from a Sessions Court judgment dated 04.06.2009 in Sessions Trial No. 50 of 2003, which convicted the accused persons for offenses stemming from an incident in 2002. The Sessions Court sentenced accused Nos. 1 and 2, Anil and Imran, to life imprisonment, while accused Nos. 3 and 4, Wasif and Pappu, were sentenced to one year of imprisonment along with a fine. The convicted accused appealed this dec...
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Tenant Can’t Deny Landlord’s Title, Rules Supreme Court in Key Eviction Case
28Oct By The Legal ChamberNo Comments
Supreme Court

Tenant Can’t Deny Landlord’s Title, Rules Supreme Court in Key Eviction Case

The Supreme Court held that in an eviction suit, strict proof of ownership is not required. A tenant cannot deny the landlord's title under whom they entered possession. The Will bequeathing the property, especially when probated, confers sufficient legal sanctity to maintain the eviction proceedings. The bona fide need of the landlord was also upheld. Facts Of The Case: The dispute involves a shop room tenancy initiated in 1953 by Ramji Das, the appellant's father-in-law, with the father of the respondents. Upon Ramji Das's death in 1999, a Will bequeathed the shop to the appellant, Jyoti Sharma. She subsequently filed a suit for eviction on grounds of bona fide need, seeking to expand her husband's adjacent sweets business, and for recovery of rent arrears from January 2000. Th...
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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 Rules :Landowners Can’t Get Uniform Compensation for Power Lines
20Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :Landowners Can’t Get Uniform Compensation for Power Lines

The Supreme Court set aside the High Court's judgment for failing to properly assess compensation under the Indian Telegraph Act, 1885. It emphasized that compensation must be determined based on location-specific evidence and remanded the cases. The Court also highlighted the absence of a statutory appeal mechanism against orders of the District Judge and referred the issue to the Law Commission for examination. Facts Of The Case: A power transmission project titled "400 KV Jhajjar Power Transmission System-PPP-1" was initiated by HVPNL in Haryana. Jhajjar KT Transco Private Limited (JKTPL) was awarded the project, which sub-contracted the erection work to Kalpataru Power Transmission Ltd. The 100 km-long transmission line passed through land in four districts, including Sonepat and Jha...
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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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Key Income Tax Ruling: Supreme Court Divided on Limitation Period Under Sections 144C & 153
11Sep By The Legal ChamberNo Comments
Supreme Court

Key Income Tax Ruling: Supreme Court Divided on Limitation Period Under Sections 144C & 153

The Supreme Court delivered a split verdict on the interplay between Sections 144C and 153 of the Income Tax Act, 1961. The key legal question was whether the detailed procedure and timelines under Section 144C for eligible assessees operate within or in addition to the limitation period prescribed under Sections 153 for passing assessment orders. The divergence of opinion led to the matter being referred to a larger bench for final determination. Facts Of The Case: The case involved several foreign companies, including Shelf Drilling Ron Tappmeyer Ltd., engaged in oil exploration in India. For Assessment Years 2014-15 and 2018-19, the companies filed returns declaring losses. Their cases were selected for scrutiny, and the Assessing Officers passed draft assessment orders ...
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Justice Delayed is Justice Denied: Supreme Court Orders Fresh Bail Hearing for Convict
8Sep By The Legal ChamberNo Comments
Supreme Court

Justice Delayed is Justice Denied: Supreme Court Orders Fresh Bail Hearing for Convict

The Supreme Court reiterated the legal principle that appellate courts should liberally suspend sentences of fixed short-term imprisonment during the pendency of an appeal to prevent the appeal itself from becoming infructuous. It held that denial requires recording exceptional, compelling reasons why release would be against public interest. Facts Of The Case: The appellant, Aasif @ Pasha, was convicted and sentenced by the Trial Court in Meerut for offences under the POCSO Act, IPC (Sections 354, 354Kha, 323, 504), and the SC/ST (Prevention of Atrocities) Act. The sentences, which included terms of four years of rigorous imprisonment for the major charges, were ordered to run concurrently. Dissatisfied with the conviction, the appellant filed a criminal appeal before the Allahabad High...
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