Tag: SLP

Can a Court Award More Than You Claimed? Supreme Court Upholds ‘Just Compensation’ in Accident Cases
3Mar By The Legal ChamberNo Comments
Supreme Court

Can a Court Award More Than You Claimed? Supreme Court Upholds ‘Just Compensation’ in Accident Cases

The Supreme Court allowed the appeal in part, holding that tribunals can award compensation exceeding the claimed amount under the Motor Vehicles Act to ensure just and fair relief. It emphasized adding future prospects to monthly income for calculating loss of earnings due to functional disability. The Court also granted a lump sum for attendant care based on the claimant's age and injuries. Facts Of The Case: On 26.01.2012, the appellant, R. Logeshkumar, aged 21, was riding a motorcycle from Selaiyur to Medavakkam in Chennai. At the Kamarajapuram junction, a jeep owned by the first respondent and insured by the second respondent came from the opposite direction in a rash and negligent manner, without sounding a horn, and collided with his motorcycle. The accident caused grievous injuri...
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Can a Creditor Attach Property Already Sold? Supreme Court Clarifies the Law
18Feb By The Legal ChamberNo Comments
Supreme Court

Can a Creditor Attach Property Already Sold? Supreme Court Clarifies the Law

In this judgment, the Supreme Court held that attachment before judgment under Order XXXVIII Rule 5 CPC cannot apply to property transferred prior to a suit, as the remedy for challenging such a transfer lies exclusively under Section 53 of the Transfer of Property Act. It clarified that claim proceedings cannot substitute a substantive inquiry into fraudulent transfers. Facts Of The Case: The dispute originated from a sale agreement dated May 10, 2002, between the original appellant, L.K. Prabhu, and the third defendant, V. Ramananda Prabhu, who acknowledged a liability of ₹17.25 lakhs. It was stipulated that upon default, the defendant would convey 5.100 cents of property with a building for ₹35 lakhs. On June 28, 2004, following further payments, a registered sale de...
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Supreme Court Balances Fairness & Flexibility in Govt. Contracts, Upholds Cancellation of LoI in Himachal Case
10Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Balances Fairness & Flexibility in Govt. Contracts, Upholds Cancellation of LoI in Himachal Case

This Supreme Court judgment clarifies that a Letter of Intent is a conditional, non-binding precursor to a contract, creating no vested rights until stipulated prerequisites are fulfilled. The Court held that the State's cancellation of such an LoI is valid if based on genuine grounds of non-compliance and public interest, and is not arbitrary per se. Facts Of The Case: The State of Himachal Pradesh initiated a tender process to upgrade its Public Distribution System with biometric and IRIS-enabled ePOS devices. After four rounds of tendering, M/s OASYS Cybermatics Pvt. Ltd. emerged as the sole technically qualified bidder and was issued a Letter of Intent (LoI) in September 2022. The LoI was conditional, requiring successful compatibility testing, live demonstrations, an...
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Law is a Force for Justice, Not Absurdity: Supreme Court on Rent Arrears Eviction Case
9Feb By The Legal ChamberNo Comments
Supreme Court

Law is a Force for Justice, Not Absurdity: Supreme Court on Rent Arrears Eviction Case

The Supreme Court held that in appeals challenging eviction orders under Section 12(3) of the Kerala Buildings Act, the Appellate Authority is not required to mandatorily re-initiate the entire Section 12 procedure. The deposit of admitted arrears, as determined by the Rent Controller, is a precondition to contest the appeal, unless supervening events warrant a fresh application. Facts Of The Case: The appellants are landlords who filed eviction petitions against the respondent-tenant for two shops in Kochi, alleging non-payment of rent since early 2020. The Rent Controller, relying on a prior money decree for arrears, passed orders under Section 12(1) of the Kerala Buildings Act, directing the tenant to pay substantial outstanding and future rents. Upon the tenant's failure to comply, e...
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Supreme Court Orders Assam to Provincialise Services of Music Teachers
6Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Orders Assam to Provincialise Services of Music Teachers

The Supreme Court held that the appellants' right to provincialisation had crystallised under the 2011 Act. Despite favourable findings, the High Court erred in not granting mandamus relief. The Court modified the impugned judgment, ruling that a Writ Court has inherent power under Article 226 to mould relief and grant consequential mandamus to remedy injustice, which it duly issued. Facts Of The Case: The case originated from a batch of appeals before the Supreme Court, filed by a large group of Music Teachers employed in various provincialised schools in Assam. Their grievance stemmed from the State of Assam's failure to formally provincialise their services under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011. The appellants' eligibility had been ...
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A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation
4Feb By The Legal ChamberNo Comments
Supreme Court

A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation

The Supreme Court of India acquitted the appellant, primarily on the ground that the dock identification of the accused by the sole injured eyewitness, recorded via video conferencing after an inordinate delay of over eight years, was deemed unsafe and unreliable. The Court found the testimony suffered from material improvements and inconsistencies, and the recoveries were not conclusively linked to the crime. Consequently, the prosecution failed to prove guilt beyond reasonable doubt. Facts Of The Case: In the intervening night of 2nd/3rd November 2008, five assailants broke into the Delhi residence of Madan Mohan Gulati and his wife, Indra Prabha Gulati (PW-18). The intruders assaulted the elderly couple, resulting in Madan Mohan's death and serious injuries to Indra Prabha. The poli...
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Supreme Court Restores Dismissal, Limits Judicial Review in Disciplinary Cases
3Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Restores Dismissal, Limits Judicial Review in Disciplinary Cases

The Supreme Court held that judicial review in disciplinary matters is limited to examining the inquiry process, not the merits. Once a fair inquiry with due opportunity is conducted, and misconduct is established, interference with the imposed penalty is unwarranted. The Court reinstated the penalty of removal from service. Facts Of The Case: The respondent, Indraj, was appointed as a Gramin Dak Sevak/Branch Post Master in 1998. During an annual inspection on June 16, 2011, irregularities were discovered involving the misappropriation of public funds. It was found that he had received installment amounts from depositors for Recurring Deposit accounts and a life insurance premium, duly stamped their passbooks, but failed to make the corresponding entries in the official post office...
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Supreme Court: Insurance Claim Can’t Be Denied Based on Age of Equipment
3Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Insurance Claim Can’t Be Denied Based on Age of Equipment

The Supreme Court held that an insurer cannot repudiate a claim merely by invoking an exclusion clause for wear and tear. The burden lies on the insurer to prove material non-disclosure, fraud, or that the loss was definitively caused by an excluded peril. A valid statutory fitness certificate creates a strong presumption of the equipment's insurable condition, shifting the evidentiary onus onto the insurer. Facts Of The Case: The appellant, a sugar mill, held an insurance policy from National Insurance Co. Ltd. covering its boiler. During the policy period in May 2005, an incident occurred causing two boiler tubes to detach. The insurer repudiated the claim, citing Exclusion Clause 5, which excludes losses from wear, corrosion, and gradual deterioration. It relied on a surveyor's ...
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Supreme Court Landmark Ruling: Order Rejecting Plaint Under Order VII Rule 11 is Appealable as a Decree
29Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Order Rejecting Plaint Under Order VII Rule 11 is Appealable as a Decree

The Supreme Court held that an order rejecting a plaint under Order VII Rule 11 of the CPC is a decree under Section 2(2). Consequently, such an order is appealable under Section 13(1A) of the Commercial Courts Act, 2015, as it constitutes a final adjudication, not merely an interlocutory order restricted by the proviso. Facts Of The Case: The appellant, MITC Rolling Mills Private Limited, filed a commercial suit before the Commercial Court. The respondents, M/s. Renuka Realtors and others, filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint. Their ground was that the appellant had not undertaken the mandatory Pre-Institution Mediation and Settlement (PIMS) as required under Section 12A of the Commercial Courts Act, 2015. The...
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Supreme Court: Registration Authorities Can’t Demand Mutation Proof Before Registering a Sale
28Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Registration Authorities Can’t Demand Mutation Proof Before Registering a Sale

The Supreme Court struck down sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2019, holding them ultra vires the Registration Act, 1908. The Court ruled that the rule-making power under Section 69 does not authorize registering authorities to demand proof of mutation or title as a precondition for document registration, deeming such a requirement arbitrary and beyond the scope of the Act. Facts Of The Case: The case originated from challenges to the 2019 amendments to the Bihar Registration Rules, 1989, specifically the introduction of sub-rules (xvii) and (xviii) to Rule 19. These new rules empowered registering authorities to refuse registration of a sale or gift deed if the document did not mention, and the seller did not produce proof of, a "jamabandi a...
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