Legal News & Views

In Balasubramanian & Anr v. M. Arockiasamy (dead) Through Lrs., the Supreme Court has observed that there is very limited scope for re-appreciating the evidence or interfering with the finding of fact rendered by the trial court and the first appellate court in a second appeal u/s 100 of the Civil Procedure Code. The Bench of Chief Justice N.V. Ramana, Justice Hrishikesh Roy and Justice A.S Bopanna observed that when there is perversity in findings of the court which are not based on any material or when appreciation of evidence suffers from material irregularity, then the High Court would be entitled to interfere on a question of fact as well. The background of the case was that the plaintiff filed a suit seeking relief of perpetual injunction to restrain the defendants from interfering with the peaceful possession and enjoyment of the plaint schedule property. The said suit was however dismissed by the Trial Court on ground of failure to prove possession, which was confirmed by t...

In Union Of India & Anr vs S. Narasimhulu Naidu (dead) Through Lrs. And Ors., the questions are required to be decided in the appeals was whether the order passed in the first suit filed by the plaintiffs as affirmed by the High Court operates as res judicata?  In the first suit, the father of the applicants had not filed any counter claim to assert title or possession over the land in question. The land admeasuring 4971.5 sq. yards was a schedule property and the subject matter of the first suit. The issue no. 1 in the first suit was in respect of the possession of the plaintiffs and their predecessor-in-interest over the suit land within 12 years prior to the suit. Therefore, the rights of the plaintiffs were examined in respect of such suit land measuring 4971.5 sq. yards alone, although, to return the finding on possession and title, possession of the father of the applicants over the land purchased by the Plaintiff was clubbed together on the basis of patta claimed to be g...

In Union Territory Of Jk vs Shahnaza Parveen & Ors, Letters Patent Appeal under Clause 12 of the Letters Patent has been filed by B. K. Singh, IFS, Administrative Secretary to Government, Department of School Education, J&K, challenging the orders dated 19th October 2020, 20th November 2020 and 11th  December 2020 passed by the learned Single Judge dealing with the contempt petition CPSW No. 380/2018 arising out of judgment and order dated 12th February 2015 passed by the writ court.." Dismissing the appeal, the HC held that in State of J&K & Ors vs. Mohd. Tayoub Leharwal and Anr. 2018 (1) JKJ 627 (HC) a Division Bench of this court held that under Section 19 of the Contempt of Courts Act 1997 Right to Appeal is available only against an order or decision of the High Court to punish for contempt. It has further relied upon a decision of the Supreme Court in the case of Midnapore People’s Cooperative Bank Ltd. vs. Chuni Lal Nanda 2006 (5) SCC 399 to hold that under ...

In M/s.kotak Mahindra Bank Ltd v. K.bharathi And Ors, the petition has been filed under the writ of Mandamus directing the Hon’ble National Company Law Tribunal, Chennai (NCLT) to dispose of the application filed by M/s. Kotak Mahindra Bank Limited (the Petitioner) in MA No.538 of 2019 in CP No. 710 of 2018 under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (IBC). The NCLT vide its order dated March 26, 2021 observed that IBC is time-bound. The complexities in this matter and pending litigations before various courts have been a major impediment in conducting corporate insolvency resolution process (“CIRP”). Since there is an ongoing matter in the Hon’ble High Court of Madras, It instructed all the parties to thereby for direction as whether the NCLT can proceed according to the IBC rules and regulations. The Hon’ble High Court of Madras held that the NCLT has “sought to pass the buck”. Noted that the NCLT irreverently has stated that NCLT working on time bound basis m...

In Prabhat Kumar Singh vs The State Of Bihar And Ors. Etc, appeals were filed before the Supreme Court against the judgment and order dated passed by the High Court of Judicature at Patna, whereby the summoning order passed by the Court of Additional Chief Judicial Magistrate, Patna was set aside. The appellant had filed a complaint before the Additional Chief Judicial Magistrate's Court at Patna against the private respondents for offence punishable under Section 304, 316/34 of the Indian Penal Code. The Trial Court after recording the evidence of three witnesses produced by the complainant and other materials on record, was persuaded to issue summons to the private respondents in connection with the stated offence vide order dated 24.12.2016. The private respondents, therefore, assailed that order by way of writ petitions before the High Court. The SC held that the High Court, in our opinion, completely glossed over the reasons which had weighed with the Trial Court as noted in o...

In The Oriental Insurance Company Limited vs Kahlon @ Jasmail Singh Kahlon (deceased) Through His Legal Representative Narinder Kahlon Gosakan And Another, appeal was filed before the Supreme Court against the order of the High Court. "The facts of the case in a nutshell are that the original claimant was severely injured in a motor accident on 02.05.1999. He filed a claim for compensation under Section 166(1)(a) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). The Motor Accidents Claims Tribunal on 02.11.2006 awarded him a sum of Rs.1,00,000/- only with 9% interest. Dissatisfied, the original claimant preferred an appeal before the High Court. Unfortunately, he was deceased on 06.11.2015 during the pendency of the appeal, not attributed to the injuries suffered in the accident. The daughter of the claimant, who was an unmarried girl aged 21 years at the time of the accident, was substituted in the appeal. The High Court substantially enhanced the compensation...

In Hemraj Ratnakar Salian vs Hdfc Bank Ltd. & Ors, appeal was filed before the Supreme Court against the Orders passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai, rejecting the Application  filed by the appellant herein for restraining HDFC Bank, the first respondent herein, from taking possession of the property in the appellants possession. The SC observed that in Harshad Govardhan Sondagar v. International Asset Reconstruction Co. Ltd. & Ors. (2014) 6 SCC 1, this Court has categorically held that if the tenancy claim is for any term exceeding one year, the tenancy can be made only by a registered instrument. A Three-Judge Bench of this Court in Bajarang Shyamsunder Agarwal v. Central Bank of India & Anr. (2019) 9 SCC 94 , after considering almost all decisions of this Court, in relation to the right of a tenant in possession of the secured asset, has held that if a valid tenancy under law is in existence even prior to the creation of the mortgage, such t...