Tag: Supreme Court Judgment

Supreme Court Slams Fraudulent Litigation, Nullifies Compensation Order in Land Dispute
18Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Fraudulent Litigation, Nullifies Compensation Order in Land Dispute

The Supreme Court held that judicial orders obtained through fraud are null and void, as "fraud unravels everything." It emphasized that suppression of material facts vitiates proceedings, regardless of the court's hierarchy. The doctrine of merger does not apply to fraudulent judgments. The Court recalled its earlier order and remanded the case to the High Court for fresh adjudication, affirming that fraud is an exception to finality in litigation. Procedural technicalities cannot shield fraudulent litigants from judicial scrutiny. Facts Of The Case: The case involves a dispute over land ownership and compensation between Vishnu Vardhan, Reddy Veeranna, and T. Sudhakar. The trio jointly purchased land in Gautam Budh Nagar, Uttar Pradesh, in 1997, which was later acquired by NOIDA in 200...
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Supreme Court Uses Special Powers to Protect Student’s Hard-Earned Postgraduate Degree
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Uses Special Powers to Protect Student’s Hard-Earned Postgraduate Degree

The Supreme Court ruled that the appellant’s admission and subsequent degree in M.Sc. Environmental Management should not be invalidated despite initial eligibility ambiguities. Exercising powers under Article 142 of the Constitution, the Court held that the university’s delayed and unclear addendums caused confusion, and denying the degree after completion would cause irreparable injustice. The withdrawal of the degree was set aside. Facts Of The Case: The case involved Sakshi Chauhan, who applied for admission to the M.Sc./MBA (Agri Business) program at Dr. Yashwant Singh Parmar University of Horticulture & Forestry in 2020 based on its prospectus. She held a B.Sc. (Agriculture) degree from Eternal University, a UGC-recognized private institution. Due to the COVID-19 pandemic, the ...
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Supreme Court Ends Bitter Divorce Battle: Key Takeaways on Custody & Settlement
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ends Bitter Divorce Battle: Key Takeaways on Custody & Settlement

The Supreme Court, invoking Article 142, dissolved the marriage between Shivangi Bansal and Sahib Bansal, quashing all pending civil/criminal cases between them and their families. The wife retained custody of their daughter, while the husband secured visitation rights. Mutual undertakings barred future litigation, and an unconditional apology was mandated. Property transfer and police protection were also ordered, ensuring a conclusive settlement. Facts Of The Case: The case involves Shivangi Bansal (wife) and Sahib Bansal (husband), who married in December 2015 and had a daughter in 2016. After marital discord, they separated in October 2018, leading to multiple legal battles across courts in Delhi and Uttar Pradesh. The wife filed cases under Sections 498A, 406 IPC, and the Domestic V...
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Supreme Court Exposes Cover-Up, Mandates CBI Investigation for Custodial Violence
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Exposes Cover-Up, Mandates CBI Investigation for Custodial Violence

The Supreme Court held that the High Court erred in not mandating the registration of anCfor custodial torture, as per Lalita Kumari v. State of U.P., which mandates immediate FIR registration for cognizable offences. The Court directed a CBI investigation to ensure impartiality, citing institutional bias and conflict of interest. It quashed the counter FIR under Section 309 IPC as mala fide and awarded ₹50 lakhs compensation for the egregious violation of Article 21. The judgment reaffirmed the constitutional duty to protect citizens from state excesses and uphold human dignity. Facts Of The Case: The appellant, Khursheed Ahmad Chohan, a police constable in Jammu & Kashmir, was summoned for an inquiry related to a narcotics case on February 17, 2023. He reported to the Joint Interro...
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Supreme Court Cancels Anticipatory Bail in Property Dispute Case
16Aug By The Legal ChamberNo Comments
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Supreme Court Cancels Anticipatory Bail in Property Dispute Case

The Supreme Court cancelled the anticipatory bail granted by the Bombay High Court, holding that such relief is an "extraordinary remedy" and must not be granted routinely, especially in grave offences. The Court emphasized that concealing material facts (like a vacated injunction order) and witness intimidation vitiate bail. Custodial interrogation was deemed necessary due to the accused's non-cooperation and criminal antecedents, violating bail conditions. The ruling reaffirmed strict judicial scrutiny under Srikant Upadhyay v. State of Bihar (2024) to prevent miscarriage of justice[ Facts Of The Case: The case involves a property dispute between Nikita Jagganath Shetty (the appellant) and her estranged husband, Vishwajeet Jadhav (respondent No. 4), along with other co-accused. Nikit...
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Supreme Court Quashes FIR in Land Dispute : Civil Dispute or Criminal Case?
14Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Land Dispute : Civil Dispute or Criminal Case?

The Supreme Court quashed an FIR under Sections 406 and 420 IPC, ruling that the dispute was purely civil in nature and lacked criminal intent. The Court condemned the misuse of criminal proceedings to pressure the appellants in a land deal, imposing ₹10 lakh costs on the complainant for abuse of legal process. It emphasized that contractual breaches must be resolved through civil remedies, not criminal prosecution, unless fraudulent intent is clearly established. The judgment reaffirmed the need for courts to prevent harassment via frivolous FIRs in commercial disputes. Facts Of The Case: The case involved appellants Mala Choudhary (a 70-year-old widow of an Army officer) and her daughter, who owned a 500-square-yard plot in Telangana. In 2020, they orally agreed to sell the land to a c...
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Legal Heirs Not Substituted in Time? Supreme Court Explains When Entire Appeal Gets Dismissed
14Aug By The Legal ChamberNo Comments
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Legal Heirs Not Substituted in Time? Supreme Court Explains When Entire Appeal Gets Dismissed

The Supreme Court dismissed the appeal, holding that the High Court correctly rejected the applications for condonation of delay and substitution of legal representatives of the deceased appellant. The Court ruled that the second appeal abated entirely as the decree was joint and indivisible, and non-substitution of the deceased appellant's legal representatives would lead to inconsistent decrees. The Court clarified that Order XLI Rule 4 of the CPC does not override the abatement principles under Order XXII, especially when the appeal was jointly filed by all appellants. The judgment emphasized that abatement is inevitable if the decree is based on common grounds and its reversal would create conflicting outcomes. Facts Of The Case: The case arose from Civil Suit No. 13 of 1983 (r...
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No Arbitration Without Clear Agreement: When Does a Dispute Clause Become Binding? Supreme Court’s Latest Verdict Explained
14Aug By The Legal ChamberNo Comments
Supreme Court

No Arbitration Without Clear Agreement: When Does a Dispute Clause Become Binding? Supreme Court’s Latest Verdict Explained

The Supreme Court held that Clause 13 of the contract, which stated disputes "may be sought through arbitration," did not constitute a binding arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The use of "may" indicated no mandatory intent to arbitrate, requiring further mutual consent. The Court emphasized that an arbitration agreement must reflect a clear, unequivocal commitment to resolve disputes through arbitration, excluding domestic courts. Mere enabling language without obligation is insufficient. The High Court’s dismissal of the arbitration application was upheld. Facts Of The Case: The dispute arose between BGM & M-RPL-JMCT (JV) (Appellant) and Eastern Coalfields Limited (Respondent) over a contract for transportation/handling of goods. T...
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Landmark Judgment: Supreme Court Upholds LMV License Validity for Commercial Vehicles
14Aug By The Legal ChamberNo Comments
Supreme Court

Landmark Judgment: Supreme Court Upholds LMV License Validity for Commercial Vehicles

The Supreme Court held that a driver with a Light Motor Vehicle (LMV) license can operate a commercial vehicle (gross weight ≤7500 kg) without additional endorsement, affirming Mukund Dewangan. However, the Insurance Company was liable under the "Pay and Recover" principle despite the "Liability Only Policy" excluding gratuitous passengers, citing Baljit Kaur and Pranay Sethi. Compensation was enhanced by 10% under conventional heads. Facts Of The Case: On 27th November 2013, Gokul Prasad, a 32-year-old cloth seller, died in an accident involving a TATA 407 truck (registration No. M.P. 53G/0386) near Kurwaiha Ghati Road. The truck, driven rashly and negligently by Respondent No. 3, was returning from a weekly market. The deceased’s legal representatives (Appellants) filed a claim under S...
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Supreme Court : Key NDPS Ruling Courts Can Impose Harsher Sentences Without Specific Reasons
13Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Key NDPS Ruling Courts Can Impose Harsher Sentences Without Specific Reasons

The Supreme Court clarified the interpretation of Section 32-B of the NDPS Act, ruling that courts are not restricted to the factors listed in clauses (a) to (f) for imposing sentences higher than the minimum. The judgment affirmed that judicial discretion allows consideration of additional relevant factors, such as the quantity of contraband, to justify enhanced punishment. It overturned the High Court’s erroneous view that special reasons under Section 32-B were mandatory for exceeding the minimum sentence. The decision reinforces that sentencing flexibility under the NDPS Act remains broad, subject only to reasonableness and relevance of the factors considered. Facts Of The Case: In September 2018, the police in Ambikapur, Chhattisgarh, received information that Narayan Das and anothe...
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